Who can create a Will? Any person that is mentally competent, at least 18 years old and is not under any fraud, coercion, duress or undue influence.

Who should have a Will? Every adult should have a Will in order to direct how your estate is divided upon death. You should also name the person who you want to handle the administration of your estate, called an Executor. Having a Will can help reduce probate costs.

What is one of the most important things a Will does? It can nominate a Guardian for your minor children if something should happen to you.

How long is my Will valid? A Will is valid until you revoke it, destroy it, or sign a new Will.

Can I change my Will? Since your Will does not take effect until you die, it can be changed at any time during your life as long as you are mentally competent.

What happens if I don’t have a Will? Then the State of Ohio decides who receives your property regardless of what your wishes were.

Is a Trust a substitute for a Will? No. A Trust does not eliminate the need for a Will. If you have a Living Trust, you still must have a Will to pour over any of the assets that have not been or cannot be placed into the Trust. A Trust can also help avoid estate taxes.

Who should draft your Will? Only use a lawyer that is familiar with estate planning to avoid the risks. Many lawyers do not practice in the area of estate planning and this can create serious problems for your estate plan.

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