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Creating a Will in Beavercreek, OH
According to a 2021 Gallup poll, slightly less than half of all U.S. adults said they have a will that describes how they would like their assets and estate to be handled following their death. These results are similar to three prior polls on this subject since 1990. As expected, those age 65 and older are the most likely group to have a will, at about 75 percent. For those younger than 30, only about 20 percent say they have a will or any type of estate plan. The poll points to wide disparities by education and race—more college-educated and white Americans have wills than non-whites or individuals with only a high school education. Having an experienced Beavercreek will attorney can make the process of preparing a will much simpler and stress-free.
Not only do many Americans not have a will, but it also appears that estate planning and wills are something many of us prefer not to discuss. According to Brookdale Senior Living, almost a third of American adults have no idea whether their own parents have a will, and among those that do know, at least 40 percent have no idea what’s in the will. In the end, more than three-quarters of American adults believe estate planning is important for everyone, yet fewer than half have taken steps to engage in estate planning.
Beavercreek, Ohio adults are no different, with many having no will or other type of estate plan. It can be difficult to think about life’s potential eventualities when you are currently enjoying a high quality of life. Beavercreek, with its population of about 47,000, is the second-largest suburb of Dayton. Beavercreek is one of the original four townships in this part of Ohio, with a beautiful, fertile valley and rolling hills with farms dotting the countryside. Families live, work, and play in Beavercreek—and also plan for life with the help of the Lovett & House estate planning attorneys.
Why Choose a Beavercreek Will Attorney from Lovett & House?
The Lovett & House attorneys want everyone to understand that the need to make a will is not determined by your wealth, rather wills are for anyone that wants to protect assets and their loved one’s interests. When there is no will, the state of Ohio will use the law to make these decisions on your behalf. Those decisions are unlikely to be what you wanted or what your loved ones need. Attorney George Lovett is certified as a specialist in estate planning, trust, and probate law by the Ohio State Bar Association. We have the skills, along with decades of experience, to create a comprehensive will for virtually any individual in any situation. Having a will allows you to get your life in order while gaining peace of mind. We hope you will choose Lovett & House based on our track record as well as for the following facts:
- Lovett & House has more than 100 positive Google reviews.
- We offer a free 5-minute phone appointment for your convenience.
- We tailor your will specifically to your unique situation and where you are in your life.
- We will help you ensure your will changes appropriately as your circumstances in life change.
What are the requirements for an Ohio Will?
Each state has certain requirements which must be met for a will to be valid. In the state of Ohio:
- You must be at least 18 years old or older
- You must be of sound mind and body
- You must not be making the will while under duress or undue influence from another person
- Your will must be in writing
- You must sign your will and that signature must be witnessed by two disinterested parties
The “sound mind and body” is important because the state wants to protect those who are sick, or perhaps too elderly to make clear decisions about the end of their lives and their property. It is also important that no undue influence is exerted over a testator to persuade them to change their will. While some states do not allow holographic (handwritten) wills, the state of Ohio does, so long as the will meets all other requirements. Having the testator’s signature witnessed by two disinterested people simply adds a necessary layer of authenticity to a will.
Who Needs a Will?
Unfortunately, far too many people believe a will is only for those with lots of money or property. This is simply not true. If you want to ensure your loved ones get the assets you want them to have when you die, those wishes must be legally binding. If you do not have a will, the state of Ohio will step in to take over your estate. The probate court will first appoint an administrator for the will, then, according to Ohio law, the court will distribute assets after they have paid all debts and taxes associated with the estate.
If there are minor children without another parent and there is no will, then a guardian will be named. Joint bank accounts or property held or occupied in common by married couples automatically go to the survivor. Accounts with a transfer-on-death provision will also pass to the designated person without going through probate. So, the answer to the question of “who needs a will?” is—everyone!
Can a Last Will and Testament be Revoked?
You can revoke a last will and testament in a number of ways, including:
- You can execute a subsequent will which voids the original
- You can have an addendum—known as a codicil—to your will as a method of amending, altering, or confirming a prior w The codicil does not override the original will, rather it becomes a new part of the document and must be executed with the same formalities as the original will.
- You can tear up, cancel, obliterate, or destroy the original document with the intent of revoking it. This must be done either by the testator or by another person following the testator’s express written direction.
Unlike some other states, in the state of Ohio, if a testator divorces or has his or her marriage annulled after executing a will, certain provisions in favor of the ex-spouse are automatically revoked. This is an issue you should discuss with your Beavercreek Will attorney to avoid any misunderstandings.
How a Beavercreek Will Attorney from Lovett & House Can Help With Your Will and Estate Planning Needs
Attorney George Lovett is certified as a specialist in estate planning, trust, and private law by the Ohio State Bar Association. The Lovett & House Co., LPA attorneys have the skills, knowledge, and expertise to help you plan your estate and prepare a will that is unique to you and your needs. When necessary, we can even generate a same-day emergency will for those in a Beavercreek nursing home or hospital when special situations arise. We want to help you get your life in order and gain peace of mind. Contact Lovett & House Co., LPA today to get your future in order and gain peace of mind.