What is a will?

While a very common term, many wonder exactly what is a will? A will, also known as a last will and testament, is a legal document that outlines a person’s wishes regarding the distribution of their assets and winding up of affairs after death. It allows individuals to specify who will inherit their property, money, and possessions.  A will can also address other important matters such as guardianship of minor children, funeral arrangements, and any specific charitable donations or bequests the individual wishes to make. Put simply, a will serves as a roadmap for how a person’s affairs should be handled after their death, providing clarity and legal authority to their intentions.

One of the primary benefits of having a will is ensuring that your assets are distributed according to your wishes. Without a will, state laws (intestacy laws) determine how your estate will be distributed. This distribution order is unlikely to align with your preferences or family dynamics. By creating a will, you maintain control over who inherits your property and possessions and reduce the potential for disputes among loved ones. This is incredibly important in situations of blended and “non-traditional” families as this area of the law has yet to catch up with the realities of our lives.

Another important benefit of having a will is providing for minor children or dependents. In Ohio, a person can name another person to serve as legal guardian for your minor children. Courts are not bound by this nomination but often give great deference to it. For this reason, wills are essential for all parents of minor children, regardless of wealth, income or station in life. 

A will can simplify the probate process. Probate proceedings are costly, time consuming and a drain on loved ones. A clear and valid will serves to expedite these process which is a huge burden to remove for your loved ones.

In summary, a will is an essential document for many people. Having one will provide a piece of mind that loved ones will be cared for and have minimal extra issues related to your passing. Let the experts McCalla Law guide you through making a will that is right for you.