A will is a document in which a person details their plans for who should inherit their assets after they die. Because a will is a legally binding arrangement, it's not uncommon for people to have questions during the planning and preparation processes. Below, find answers to some of the most frequently asked queries on this subject, including the benefits of writing a will, the legal requirements involved, and the role of an estate planning attorney.

Answers to Common Questions About Wills

Why should I write a will?

Without a will, probate courts will determine what happens to your property and assets. Typically, they will divide an estate based on a next-of-kin line of succession. This may not be what you would want.

Writing a will ensures your wishes and plans for your estate and loved ones are honored. Also, parents of minor children use a will to appoint a legal guardian to raise the kids. If your kids are minors and you die without a will, the state decides who becomes the children's legal guardian.

What is needed to make a will legally valid?

The person making the will, known as the testator, must be 18 years old and of sound mind. They must state in the document that this is their last will and testament, and part of the document must appoint an executor, an individual who will oversee the distribution of the estate. In Ohio, the will must be signed by the testator and two witnesses who are not beneficiaries.

Do I need an estate planning attorney when writing a will?

While the law does not require you to hire a lawyer to write a will, doing so offers some distinct benefits. First, you can be confident that the will is legally sound and written in the precise language that makes it a binding legal arrangement.

An estate planning attorney can advise you throughout the planning process on important matters and answer all questions that arise. If you need to make changes to the will further down the road, an attorney will write codicils that amend the document as requested. In short, an attorney streamlines the process and confirms that everything is prepared according to the law.

Who should I appoint as executor?

A testator can name whoever they wish to be the executor. But it's important to remember that this is an administrative role that involves the management and resolution of your estate. Choose someone trustworthy, discrete, and equipped to handle your legal and financial affairs.

When you're ready to write a will, Vernau Law LLC is here to help. For more than 25 years, they have been serving Licking County, OH, and the surrounding region. They offer legal representation in several different practice areas, including estate and probate, family law, and civil litigation cases. Call (740) 587-2637 or visit them online to schedule a consultation with an estate planning attorney.