Yes, you really do need a will. here’s why.

Do I really need a will?

It’s a common question, and it’s understandable. “I don’t have anything all that valuable” or “Everyone will agree how to divide things once I’m gone” are also common responses to this question. My question in response would be, “do you like to gamble”?

Here’s why you’re wrong if you think you don’t need a will. And it boils down to simply rephrasing the question. The question is not, “do I really need a will?” The real question is:

Do I want the State of Ohio to decide what to do with what I own when I pass?

The stakes are even higher when you have dependent children. Because then the question is,

Do I want the State of Ohio making my decisions for me, including who will raise my minor children?

I’m not saying there’s never ever a situation where a will is unnecessary. Never is a word that makes me extremely uncomfortable. But if you aren’t willing to bet that a Probate Court is going to be able to figure out your wishes - not just who gets your car or your house, but potentially who will care for your children in your stead - at the bare minimum, leave a will. Otherwise, you will die intestate.

Intestacy statutes - what are they?

Every state has what are called rules of intestacy. These are laws that describe what happens to a person’s estate if they never made a will, or if there is a problem with the will, or if there’s simply something that needs to be passed on in the estate that the will or some other contract doesn’t cover.

These intestacy statutes provide a default framework for how to divvy your stuff. In Ohio, generally everything goes to your spouse if you have a living spouse. If you don’t, it would then be divided among your children.

Bear in mind that this assumes the children are the product of that marriage. Blended family folks should pay close attention here. Because if you leave behind a spouse and a child or children from another relationship or relationships, the rules change. Your spouse would take an amount of money specified in the statute, and then a portion of the remaining balance of the estate. But here’s the rub: if your estate is small enough, your surviving spouse could get your entire estate and your children would get nothing.

But let’s keep it simple. If you leave behind no spouse, and you had no children, then your parents would inherit your entire estate. And if your parents are already gone, then it goes to your siblings. After that it goes to more distant relatives - grandparents and anyone descended from them like aunts, uncles, cousins. On the rare occasion there is absolutely no relative to be found, then your estates (the term is “escheats”) to the State of Ohio.

Again, I can’t say there’s never a time where a person would be totally alright with this result. But I am willing to bet the average reader here has different priorities. Maybe you want to provide for children from a prior marriage, or maybe you have a niece or nephew you favor and would like to give them something that would otherwise go to a spouse or children? Maybe you have an uncle you just really, really don’t want to leave any money to, or you’d rather see your estate go to a charity rather than the state?

Without an estate plan, who will take care of me? my children?

Without some form of estate planning, I don’t know.

If you become incapacitated and you have no estate plan in place (meaning, no valid Powers of Attorney), the Probate Court will appoint someone for you. They are called guardian of the estate (who watches over your financial affairs) and guardian of the person (who watches over your health and wellbeing). One person can occupy both roles. Guardians work the same way with minor children with the guardian of the person responsible for attending to your children’s daily needs.

People can petition the Probate Court for that responsibility. But if the people who petition to do it are people you would have picked anyway - like your spouse or your adult children or your siblings - why make them go through the time-consuming and potentially expensive process to do it? Bear in mind though that guardian designations for minors still require Probate Court oversight. So while there is no guarantee the Probate Court will agree with your designation, it will carry a lot of weight.

Long Story short

No matter how simple your affairs may seem, or how swimmingly your family members get along now, things change. And your needs will change. The you of today needs different things from your estate plan than the you of 80 years, 90 years, possibly even 100 years.

Unless you prefer to gamble.