Many individuals can help themselves have peace of mind regarding their passing by creating a will. A will is a legal document that addresses a person’s wishes regarding how they want their property to be divided after they pass away. In addition, this document outlines who should be responsible for their property and acknowledges any additional requests that the individual may have. While a will can be a helpful guide after an individual passes, many people choose not to have a will or pass before creating one. At Fout Law, we’re here to help you understand the process that occurs if an individual passes away without a will in Ohio.
In Ohio, if an individual dies without a will, it is referred to as dying intestate. This means that no instructions were given by the individual on how their property should be distributed, and it is now up to the state to determine distribution. Though the state determines who receives rightful property ownership, some established distribution rules exist.
Ohio law states that all property should be transferred to the surviving spouse following the individual’s passing. If the individual had no spouse, any children would have access to an equal distribution of property. If there is not a spouse or any children, the parents of the deceased will receive the property. Any other relatives related to the deceased would be the next to receive the property if any of the proceeding individuals didn’t qualify. There are instances where the state cannot locate any relatives connected to the deceased. In this case, the state of Ohio would acquire the estate.
Probate refers to the process that occurs after an individual passes away where it’s determined who is entitled to any property and assets. If a loved one of the deceased individual is concerned about who will receive the rights to property, they can request to begin the probate process. After making this request, the court will designate an individual to administer the estate. This individual will then be responsible for asset distribution and estate preparation. This process is not always required, as the established distribution rules will usually precede the probate process.
It can be very beneficial for individuals living in Ohio to have an established will. If someone has concerns about the distribution of their property, a will can help them feel more at ease knowing that their wishes will be respected. In addition, not having a will could potentially impact your loved ones, as they will be responsible for determining who receives certain property. If you’re interested in creating a will, our team at Fout Law can help you through the process.
Contact our team today if you have questions regarding wills in Ohio. We’re more than happy to assist you in planning for your future.
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Teresa is a knowledgeable and very professional attorney who cares about her clients. She did a great job in walking me through divorce, custody and support issues which are inherently fraught with emotional overload and can be simply overwhelming. I believe her solid advice prevented me from taking unnecessary actions, which would have resulted in substantially higher costs without gaining anything in return. I highly recommend her.
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