If you were to pass away without a will, your state’s laws of distribution would determine who receives your property. This plan may or may not reflect your actual wishes. A will simply allows you to alter the state’s default plan to suit your personal preferences. It also allows you to exercise control over many personal decisions that default state provisions cannot address.
A will provides for the distribution of certain property owned by you at the time of your death, though your right to choose may be subject to forced heirship laws that prevent you from disinheriting a spouse and, in some cases, children.
A number of other important objectives may be accomplished in your will:
When people consider the many ways that a will can affect their loved ones, they quickly move past the initial feeling of discomfort that comes with planning for death. A lawyer will help you ensure that you are the one who dictates what happens to your estate.
As a first step, it is helpful to know the meaning of a few common terms:
These are just a few common terms you are bound to encounter while planning your will. There will be many more that, without a lawyer by your side, would be difficult to navigate.
After an individual's death, their assets will be gathered, business affairs settled, debts paid, necessary tax returns filed, and assets distributed as the deceased individual. These activities will generally be conducted on behalf of the decedent by a person acting in a fiduciary capacity, either as executor or as trustee, depending upon how the decedent held his or her property.
Attorney Sherry Naegele has been practicing law in the state of Ohio since 2000. Her practice encompasses all areas of family law, and her experience and compassion can help you through life’s most difficult situations. Contact her today to get started.
