Should I Have a Will Created?
In today's age and times, we strongly feel that every single person in the United States requires a will or testament.
I often hear different people inquiring as to whether they should have a will or not.
As a minimum guideline, if you possess property or have very young children, it would be wise to have a will drafted.
If you choose not to have a will drafted, then your property will be distributed via state law when you die.
The main problem with state law is that you may not want your property distributed according to state law but would like it distributed in another manner i.
e.
you want your best friend to get your assets and not your siblings.
As alluded to earlier, a key benefit of drafting a will is that you can specify a guardian for your young children.
Along with this important responsibility, the appointed guardian becomes responsible for management of the children's property.
In order for probate court to consider your will to be enforceable, there are three main requirements which must be satisfied.
First, as the creator of the will, you must sign and date the will.
Second, as the will's creator, you must identify yourself and specify that you are creating a will.
Finally, as the creator, you must be of a sound mind.
If you were to create a will under duress or were not of a sound mind due to medication, the judge could throw the will out as unenforceable.
While you can pay for a will kit from the Internet, we recommend you visit with a real Ohio Lawyer.
By visiting with a lawyer, you can be sure that a licensed professional has taken the time to ensure all the 't's are crossed and the 'i's are dotted.
Additionally, speaking with a lawyer will help to reduce potential pitfalls.
Fortunately, wills are not challenged in court frequently.
When a will is challenged, one of three conditions must exist for the will to be considered unenforceable.
First, your signature was forged; thus, what the list states is not what you intended.
Second, you were not of a sound mind when the will was drafted i.
e.
medication or some sort of other duress.
Lastly, you were influenced by someone.
If you choose to use an attorney, you can eliminate the possibility of these items coming to fruition.
Many people also ask me frequently about how they can revoke a will.
There are two main ways to do this.
First, you can visit with your attorney and draft a new will.
By doing this, the new will supersedes the old will.
The second way to revoke your will is to destroy it, either by tearing it up or burning it.
Additionally, if you strike your signature, it has the same effect as physically destroying it.
In conclusion, when it comes times to draft a will, regardless of your physical location, the Dayton Attorney and Dayton Lawyer Guide highly advises you to contact a lawyer or attorney for proper legal guidance.
I often hear different people inquiring as to whether they should have a will or not.
As a minimum guideline, if you possess property or have very young children, it would be wise to have a will drafted.
If you choose not to have a will drafted, then your property will be distributed via state law when you die.
The main problem with state law is that you may not want your property distributed according to state law but would like it distributed in another manner i.
e.
you want your best friend to get your assets and not your siblings.
As alluded to earlier, a key benefit of drafting a will is that you can specify a guardian for your young children.
Along with this important responsibility, the appointed guardian becomes responsible for management of the children's property.
In order for probate court to consider your will to be enforceable, there are three main requirements which must be satisfied.
First, as the creator of the will, you must sign and date the will.
Second, as the will's creator, you must identify yourself and specify that you are creating a will.
Finally, as the creator, you must be of a sound mind.
If you were to create a will under duress or were not of a sound mind due to medication, the judge could throw the will out as unenforceable.
While you can pay for a will kit from the Internet, we recommend you visit with a real Ohio Lawyer.
By visiting with a lawyer, you can be sure that a licensed professional has taken the time to ensure all the 't's are crossed and the 'i's are dotted.
Additionally, speaking with a lawyer will help to reduce potential pitfalls.
Fortunately, wills are not challenged in court frequently.
When a will is challenged, one of three conditions must exist for the will to be considered unenforceable.
First, your signature was forged; thus, what the list states is not what you intended.
Second, you were not of a sound mind when the will was drafted i.
e.
medication or some sort of other duress.
Lastly, you were influenced by someone.
If you choose to use an attorney, you can eliminate the possibility of these items coming to fruition.
Many people also ask me frequently about how they can revoke a will.
There are two main ways to do this.
First, you can visit with your attorney and draft a new will.
By doing this, the new will supersedes the old will.
The second way to revoke your will is to destroy it, either by tearing it up or burning it.
Additionally, if you strike your signature, it has the same effect as physically destroying it.
In conclusion, when it comes times to draft a will, regardless of your physical location, the Dayton Attorney and Dayton Lawyer Guide highly advises you to contact a lawyer or attorney for proper legal guidance.
