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Q: Dear Carl, Do you really need to have a Family Will in Ohio?

A: Ohio law does not require that you have a Will to dispose of your assets upon your passing. In my experience, a surprisingly large segment of the population does not have a Family Will. If you should pass away without a Will, the State of Ohio's probate legal system will decide upon the distribution of your assets for you and your family. Ohio Revised Code 2105.06 is known as the Descent and Distribution Statute. This probate statute will guide the distribution of your property. The distribution by statute basically follows the lineage of your family tree. Thus even without a Family Will, your assets will be distributed to your immediate family members pursuant to this state probate law under the supervision of the Probate Court.

Q: Why then would you still need a Family Will?

A: With a Will, you are able to select your own executor for handling your estate in Probate Court. With a Will, you are able to select who would be the guardian of your young children in the event you and your spouse should both pass away. What could be more important than selecting the proper person to raise your children? Have you seen the movie "The Glass House" which depicts the misfortunes of the orphaned children of parents killed in an auto accident being raised by the wrong guardians?

With a Will, you can pass assets to family members who are not in your immediate family tree and to friends. Further you can cut out certain nonfavored family members from inheriting or making a claim for your assets. Finally, with a Will you can leave some of your assets to a charity, a school, a scholarship fund, your church, etc.

Without a Will, the Probate Court will have to appoint an executor of its own choosing to handle the complex financial affairs and paper work of your estate. The Probate Court would select the guardian who would raise your children until age 18. Consider that without a Will, various family members may come forward to litigate in Probate Court over who should be appointed executor of your estate and the guardian of your children.

Since lawyers normally charge a nominal amount to prepare your Family Will, having your own Will tailored to your individual wishes would be the preferred step to take to help avoid uncertainty and litigation after your passing. In my experience, people generally do not have Family Wills because this forces them to face their own mortality. However, your focus should be to plan for the future for the benefit of your surviving family.