We’ve all seen movies and TV shows where a last will and testament is read before family members and other would-be beneficiaries, and invariably one or more in attendance get their feathers ruffled.
Is it really like this in daily life when a person prepares a will and names beneficiaries? The shows make for good drama, but in reality, anyone with property or a family needs to draft a will.
Crafting a will is all part of estate planning, but “estate” doesn’t necessarily mean a huge mansion behind locked gates in an exclusive neighborhood. An estate includes houses, cars, possessions large and small, and even treasured mementos.
No one likes to think about the end of their life, but a will can ensure that those you love and care for are able to share in what you’ve accumulated in your lifetime.
If you’re in Columbus, Ohio, or anywhere throughout the Central Ohio region, contact me at The Law Offices of Gregory L. Williams. I believe that you can never be too young or too old to establish a will or trust, but you can be too late.
In Ohio, you must be at least 18 years of age, of sound mind, and free of undue influence to draft a will. The will must be written, signed, and witnessed by two disinterested parties (meaning they have no reason to expect to be named in the document).
You can write subsequent wills, which will then supersede the previous will, or you can revoke your will entirely, depending on changes in your life. You can also amend the will through documents called codicils. If the changes are extensive, though, it’s better just to revoke the original (you can even just tear it up) and start fresh.
Though you can write a will on your own, it’s best to consult with an experienced estate planning attorney to make sure it is properly executed and achieves exactly what you hope it will achieve.
Wills obviously include the distribution of anything with monetary value from the obvious big-ticket items like homes, vehicles, furnishings, jewelry, and other accumulated property. Wills would cover any business you own or co-own, but they can also include items with sentimental value like old photos, diaries, wedding rings, and the like.
Some inherited assets fall outside the scope of wills, and these include:
If you die intestate — the legal term for not having a will — then everything will be decided in probate court. Depending on the size of the assets involved, probate can take many months, sometimes more than a year, and in the end, the court will literally determine the distribution of the assets. It may even have to name a guardian for your children. Intestate probate proceedings can be long and unpredictable. You need to plan ahead so your heirs don’t have to suffer through this process.
As you’ve read, a will can achieve the distribution of your assets and the care of your children as you desire, but wills need to go through probate court just as intestate cases do, though it is then mainly a process of paying taxes and creditors, selling off assets (if necessary), and then finalizing the distribution.
A living trust, in contrast, avoids probate court. There are no court or attorney fees after the trust is established. Your property can be passed immediately and directly to your named beneficiaries. A testamentary trust doesn’t establish the trust until after one’s death, so it still must go through probate, unlike a living trust.
With a trust, you appoint a trustee to administer your assets, who during your lifetime can be yourself. Then, if you become incapacitated or pass away, the trustee takes over to administer your assets as you have specified (they must follow your instructions). If couples own assets jointly, often both will serve as co-trustees. Otherwise, a trusted relative, friend, or professional can be named the trustee.
I have been helping countless others like you in Columbus and throughout Central Ohio prepare for the future with proper estate planning, whether with a simple will or a more complicated living trust. Planning ahead will give you peace of mind so you can go about your everyday business of life without worrying about the future. You owe it to yourself and your loved ones to properly prepare and ensure the outcome you desire for your family, loved ones, and business partners.
Don’t put off making important preparations for yourself and your estate. Creating a detailed plan today can give you and your loved ones peace of mind tomorrow. Call me today at The Law Offices of Gregory L. Williams. I can help you put the right tools in place to ensure that your true wishes are upheld and respected.
