FAQs
About Estate Planning
(Wills, Powers of Attorney, Living Wills, and Trusts)
- Do I need a Will?
- Why not prepare my own Will?
- What if I cannot find my original Will?
- Can I make simple changes to my Will by writing the changes on the document?
- Should I have a Durable Power of Attorney?
- Why have a Living Will and Healthcare Power of Attorney?
- Do I need a Trust?
- How often should my legal documents (Will, Power of Attorney, Living Will/Healthcare Power of Attorney) be updated?
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Do I need a Will?
Ohio Statute provides that, if you die without a Will, your assets will pass to your next-of-kin. If you want to direct who is to receive your probate assets, then you do need a Will.
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Why not prepare my own Will?
While self-prepared or ready-made Wills are widely available and can be valid, there can also be many problems with these documents, such as: improper execution and witnessing, insufficient contingencies, or a lack of executor powers and other helpful provisions. Self-prepared or ready-made Wills can not only increase administration costs, but also can be deemed invalid if they are not created in accordance with the laws of the state.
It is always best to have a qualified attorney prepare your Will—it saves time and money in the long run.
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What if I cannot find my original Will?
If you executed a Will but cannot find the original, it would be best to have a new Will prepared so that your wishes are followed at your death.
If, at your death, any part of your estate is required to pass through Probate Court, then your Executor must present the original Will to the Court. Therefore it is very important that your Executor be able to find and access your original Last Will and Testament. Under certain extraordinary circumstances, it may be possible to have a signed photocopy of a Will admitted to Probate Court if the original cannot be found, but this process can be both complicated and expensive.
Can I make simple changes to my Will by writing the changes on the document?
No. The State of Ohio does not allow partial revocation of a Will. Any handwritten changes will be invalidated by Probate Court, and the Will provisions will be admitted as originally signed. Generally, if you wish changes to be made, it is best to have a new Will prepared.
Should I have a Durable Power of Attorney?
A Durable Power of Attorney is strongly advisable, so that a trusted individual can handle your legal and financial affairs during your lifetime should you be unable to do so.
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Why have a Living Will and Healthcare Power of Attorney?
Many individuals wish to make clear in writing their own decision not to be hooked up to medical machines in the event that their condition is irreversible and their death is imminent. The Living Will serves this purpose. In addition, it is important to designate individuals to make healthcare decisions for you in the event of your incompetence. This designation is the Healthcare Power of Attorney.
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Do I need a Trust?
For most people, a Trust is not necessary. Such a decision, however, requires awareness of your specific situation, which can only be reached through a consultation and review of your personal circumstances. If you think you may need or want a Trust for your own estate planning or the estate plan of a loved one, please call to schedule an appointment.
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How often should my legal documents (Will, Power of Attorney, Living Will/Healthcare Power of Attorney) be updated?
Your Last Will and Testament does not expire, nor does it need to be updated, as long as it continues to express your wishes. It is a good idea to verify this every few years.
Although your Durable Power of Attorney does not expire, it should be updated at least every five years, or every three years if you are approaching the age or circumstances when it will need to be used. Some financial institutions refuse to accept documents executed more than five years prior. You should also update your POA any time you want to change who you are naming as your primary attorney-in-fact or alternates.
Your Living Will/Durable Power of Attorney for Healthcare does not expire, although the Ohio Bar Association and Ohio Medical Association periodically update the language of the document. As long as the contact information for your agents listed is correct, this document may remain unchanged.