Delaware Will Lawyers

Wills Attorney in Delaware Providing Estate Planning Services

Wills attorney specialists with OVER 63 YEARS of experience.

Estate planning may not be on the top of your to-do list, and spending time going through your assets and making decisions about what should happen after you pass isn’t exactly fun. However, it is a vital part of preparing for your future. Having an estate plan can ensure that your loved ones are aware of your wishes and know what to expect with the estate after you pass. It can also give you peace of mind so that you can spend your remaining years focused on enjoying every minute instead of worrying about the future. 

A will is one of the most valuable pieces of your estate plan, and having one in place can give you peace of mind that your loved ones will be taken care of and your wishes known. Drawing up a will doesn’t have to be a long or challenging process, and the team at Lawrence Law Office is here to help. Contact our firm to find out what you need to do to prepare or change your will.

What Are the Requirements for a Valid Will?

Every state has its own requirements for a will to be legally valid, and Ohio is no different. There are three main criteria that have to be met for a legal will in Ohio:

• The person creating the will must be at least 18 years old.
• The person must be of sound mind and memory.
• The person must not be under restraint. 

Sound mind and memory generally means that the person must understand who they are, what they are doing, and the implications of the will. For example, someone suffering from Alzheimer’s may not be mentally capable of understanding what they’re doing, and therefore, any will created during that time may be invalid. 

The reference to not being under restraint refers to coercion or intimidation. A will must be the product of the person writing it, and there can’t be any undue influence or pressure on that person, or the will could be invalidated by the probate court.

What Does the Executor of an Estate Do?

The executor of an estate is responsible for filing the will with the probate court and settling the estate. This includes making a list of the estate’s assets, making sure all debts and expenses are paid, and then distributing the remainder of the estate to the beneficiaries as outlined in the will. The executor is also responsible for filing the deceased’s last tax return. Because the process of settling the estate can take several months, the executor must also ensure that any assets that require upkeep, such as a house or business, are properly managed.

Who you appoint as executor of your estate is a personal choice, but there are some general suggestions to keep in mind when making your decision. It’s important to choose someone you trust to actually execute your wishes correctly. It can also be helpful for the person to be organized and comfortable handling all the paperwork and legal processes that the position entails. Finally, the executor should be familiar with your assets. It will be much easier for someone to come in and handle your estate if they’re already aware of what it entails than for someone who is going in blind.

What Is the Difference Between a Will and a Living Will?

There can be some confusion between a living will and a last will and testament. While both are important estate planning documents, they serve different purposes. A last will and testament is the document that specifies who you want to inherit your estate after you pass. A living will is a document that outlines your wishes when it comes to medical care if you are incapacitated and unable to make decisions for yourself. A living will would provide your wishes about treatments and procedures, such as life support.

What Happens If You Die in Ohio Without a Will?

Dying without a will is referred to as “dying intestate.” When this happens, your estate is subject to the intestate succession laws of Ohio. There are specific rules for who inherits your assets based on which surviving relatives you leave behind. In general, your assets are left to either a spouse or your children, depending on who survives you. If you have a surviving spouse and children from another relationship, the estate is split between them. If you die without a spouse or children, the estate is passed on to either your parents or your siblings. Most people would prefer to have more decision-making power when it comes to who inherits their estate, which is why a will is so important.

Don’t let the state of Ohio determine what happens to your estate after you’re gone. Creating a will is a relatively quick and easy process, and we’re here to help.