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Experienced Troy, OH Will Attorney
Troy is a town about 19 miles north of Dayton, with a population of about 26,000. Troy is the largest town in Miami County and the 61st-largest town in Ohio. Troy was named after the ancient city of Troy, growing quickly due to its location on the Great Miami River and on the Miami and Erie Canal. The railway and the waterways made it easy for farmers to get their crops to other places, ensuring Troy’s growth as an agricultural hub.
Troy’s annual Strawberry Festival, held on the first weekend in June brings visitors from far and wide, with more than 100,000 people enjoying the festival each year. Today, Troy is a bustling, diverse town that has aviation intertwined with its history. The Weaver Aircraft Company (WACO) began in 1919 and was the largest manufacturer of civil aircraft at the time, often used by explorers, the postal service, and salesmen. Adults in Troy—like those across the nation—may have put off making a will. Now is the time to take charge of your future.
Why Should You Choose Lovett & House for Your Troy Will Attorney?
At Lovett & House, we know that you have choices when you are ready to plan your estate and need a Troy will attorney. We hope you will consider Lovett & House, as we believe we have can offer you more than most law firms. At Lovett & House, we will take the time to sit down with you, helping you decide, step by step, the decisions that are best for you and your loved ones. We will answer all your questions comprehensively, yet in an understandable manner. We believe that planning your estate should not be a stress-inducing task. Let us help you with your will so you can move forward with peace of mind. At Lovett & House we:
- Have more than 100 positive Google Reviews
- Offer a free 5-minute phone appointment
- Have decades of experience
- Have a Board-Certified Specialist by the Ohio State Bar Association
What are the Requirements for an Ohio Will?
In the state of Ohio, you must be at least 18 years of age to make a will and must be of sound mind. The decision to execute your will must not be the result of coercion, restraint, or improper persuasion. Your will must be in written, physical form—i.e., it can be handwritten or typed on a computer and printed. Having only a digital copy of your will makes it invalid. It’s important to note that while a handwritten, or holographic will is legal in Ohio, they are not usually recommended.
A handwritten will can be difficult to prove legally valid in court and can contain errors that could potentially invalidate the will. Ohio only recognizes an oral (nuncupative) will when the person making the will is dying and cannot prepare a written will. Your will must be signed in the presence of at least two competent witnesses who are at least 18 years old and are “disinterested” parties, meaning they will not benefit from your will. Your will does not require notarization to make it legal and valid.
The Process of Making an Ohio Will
When you choose an experienced Troy will attorney, he or she can guide you through the entire process, making it much simpler and stress-free. The process generally goes something like this:
- Make an inventory of your assets and liabilities
- Determine who you would like to have as an executor for your will
- Decide who you want to inherit your assets (beneficiaries)
- If you have minor children or pets, choose guardians for them.
- Have your will prepared by your Troy will attorney
- Sign and witness the will, according to Ohio law
- Store your will someplace safe, giving copies to loved ones or letting them know where to find your will in the event of your death
- Revisit your will from time to time to ensure it still reflects your wishes.
FAQs for an Ohio Will:
What Happens if You Die Without a Will?
If you die without a will, you die intestate, and the court will determine who inherits your estate. Under Ohio law, if you are married and have no children, your spouse will inherit your estate. If you are married and have shared children with your spouse, your spouse will inherit your estate. If you are married and have children with someone other than your spouse, your spouse will inherit a third of your entire estate and your children will inherit the rest.
If you are not married and you have children, those children will inherit your estate in equal shares. If you have no spouse and no children, your parents will inherit; if your parents are no longer alive, your siblings will inherit. If you have no spouse, no children, no living parents, and no siblings, then your estate will be distributed to any extended family you may have. If the court can find no living blood or by marriage relatives, the state of Ohio will inherit your property. As you can see, when you die without a will, your assets may be distributed in ways you might not want.
Can I cut my spouse from my will?
Ohio is not a community property state, rather is an equitable distribution state. In community property states, most assets acquired during the marriage belong equally to both spouses regardless of who earned the asset or acquired it, therefore the surviving spouse is entitled to inherit at least a portion of their deceased spouse’s will, even if the spouse had something different in their will. In Ohio, however, assets acquired during the marriage are more likely to be seen as belonging to the spouse who earned them or acquired them.
That being said, a statute known as an elective share or statutory share protects those who were either cut out of their spouse’s will or left only a small part. The surviving spouse can either accept the inheritance provided for them in the will, or choose to receive the elective share, which is generally one-third of the estate if the decedent had surviving descendants. The exact share the spouse will receive under the elective share will depend on the specific circumstances.
How a Troy Will Attorney from Lovett & House Can Help
Having an experienced Troy will attorney from Lovett & House can make the entire process of having a will prepared anxiety-free. Whether you need a will for yourself, or for a loved one, the experienced, highly-skilled Troy will attorneys from Lovett & House want to help you get your will prepared in the very easiest way possible. Having a will is extremely important for your future, particularly if you have children who will need a guardian in the event of your death. Plan for the future, then you can relax and get on with your life. Contact Lovett & House today.