Why Do I Need a Will in Ohio?
Unless you have the name of your family members on your assets as co-owners, you will need a will in order to ensure that your loved ones will receive your assets after you die. It is also important to consider preparing a will if there is a change in your situation, such as a change in your financial situation, an addition to your family, or if you acquire new assets or a business. In Ohio, if you die without a will, your property will be passed in accordance with the state inheritance laws, which give your property to your closest relatives, beginning with your spouse and children. If you do not have a spouse or children, your grandchildren or your parents, if they survive you, will get your property. If there are no grandchildren or parents, then it will go to other relatives, including siblings, aunts, uncles, cousins and your spouse’s relatives. If the court exhausts this list to find that you do not have any living relatives by blood or marriage, the state will take your property.
Living Wills and Health Care Power of Attorney (Durable Power of Attorney)
You should also consider preparing a health care power of attorney (or durable power of attorney for health care). This is a legal document that authorizes another person (your agent) to obtain your health information and to make decisions regarding your health care. The health care power of attorney is only used in the event you are not able to make health care decisions for yourself. There are limitations on the decisions your agent can make for certain life-sustaining decisions. The health care power of attorney is usually sufficient to avoid the need for a guardian. The health care power of attorney cannot be used to address financial affairs of another person. You must prepare a separate power of attorney to allow another person to take care of your financial matters.
The within statements are general in nature and this information is not intended as a substitute for legal advice regarding your specific case, nor is an attorney-client relationship established between Mina Nami Khorrami, LLC and any person reading this information. Mina Nami Khorrami is an experienced bankruptcy and debt attorney based in Columbus, Ohio.