What is a Will, and Why is it Important?

A will is a legal document that outlines how you want your assets and personal matters handled after your death. Here’s why having a will is essential:

• Control Over Asset Distribution: You can specify who will receive your assets, such as property, money, or personal belongings.

• Guardianship for Minor Children: If you have minor children, you can designate a guardian to care for them, ensuring their well-being in your absence.

• Avoid Family Conflicts: A well-drafted will provides clarity, reducing the potential for disagreements or disputes among family members.

• Prevent State Control: Without a will, your assets will be distributed according to state laws, which may not reflect your personal wishes.

Why do I need a Durable Power of Attorney? 

A Durable Power of Attorney (POA) allows you to designate someone you trust to make legal and financial decisions on your behalf if you are unable to do so. 

Why do I need a Healthcare Power of Attorney? 

A Healthcare Power of Attorney (POA) is a document that allows you to appoint someone you trust to make medical decisions on your behalf if you become unable to do so. You can alleviate stress for family members during a difficult time if you have designated someone you trust to make medical decisions on your behalf. A Healthcare POA is only activated if you are incapacitated, ensuring you retain control over your healthcare decisions as long as you are able.

Does having a will avoid probate in Ohio?

No, having a will does not avoid the probate process in Ohio. Instead, a will serves to communicate your wishes to the probate court. Your appointed executor is responsible for carrying out these instructions, including managing assets, paying debts, and distributing property to beneficiaries. While a will simplifies the probate process, it does not eliminate it.

How can I avoid the probate process for my real property?

To avoid probate for your real estate, consider the following:

• Joint Survivorship Deed: If your property is deeded with joint survivorship, ownership will automatically transfer to the surviving co-owner(s) upon your death, bypassing probate.

• Transfer on Death Affidavit (TOD): Filing a Transfer on Death Affidavit with the county recorder allows you to designate a beneficiary who will inherit the property directly upon your passing, avoiding the probate process.

Do you create Revocable Living Trusts? 

No, Ballinger Legal does not offer this service. 

When should I update my will?

We recommend reviewing your estate planning documents at least every five years to ensure they remain accurate and reflect your current wishes. Additionally, it’s important to update your estate plan after significant life events, including (but not limited to):

• Marriage or Divorce: Changes in marital status may affect beneficiary designations and decision-makers.

• Birth or Adoption of a Child: Ensure your new family member is included in your plans and properly provided for.

• Death of a Beneficiary or Executor: Replace individuals no longer available to fulfill their roles.

• Major Health Changes: Address potential care needs or adjust directives for medical decision-making.

• Long or Extensive Travel: Ensure your documents are current and accessible in case unexpected circumstances arise while you’re away.

How Do I Update My Will?

To update or amend your will, contact Ballinger Legal. Our team can assist you in making the necessary changes to ensure your will reflects your current wishes and circumstances. Whether you need to add new provisions, update beneficiaries, or revise executor designations, we’ll guide you through the process.

Why Should I Consider My Online Accounts When Estate Planning?

In today’s digital world, your heirs may face challenges accessing your online accounts after your death due to user agreements and privacy policies. To ease the process for your executor and family members, it’s important to plan ahead by taking inventory of your online accounts and passwords.

Additionally, consider setting up legacy contacts with services like Facebook, Google, or Apple, when available, to ensure your digital presence is handled according to your wishes. By addressing your online accounts in your estate plan, you can prevent unnecessary stress and confusion for your loved ones.