Most of us don’t spend much time thinking about what happens to our belongings, money, or even our loved ones after we pass away. It’s easy to assume that things will simply “work themselves out.” But if you don’t have a will in place, the reality can be much more complicated. Imagine a family grieving their loss, only to be tangled up in months, or even years, of legal processes. It’s a story too many families face, and it all comes down to one missing document—a will.

As a probate attorney, I’ve had the privilege of helping many families in Ohio navigate some of the toughest decisions they’ll ever face. I understand how overwhelming it can feel to plan for the future, especially when it comes to making decisions about your loved ones. My goal is to make the process easier by giving you clear guidance and the peace of mind that everything will be taken care of according to your wishes. It’s not just about the legal side—it’s about protecting the people who matter most to you.

I’ve seen firsthand the challenges that can arise when a will isn’t in place. Without a clear, legally binding document outlining your wishes, the future of your estate is left in the hands of the court—leading to uncertainty, stress, and potential disputes for your loved ones. Let’s go more in depth about what happens when you don’t have a will and why it’s so important to take this step.

1. The State Decides Who Inherits Your Assets If You Don’t Have a Will

Without a will, the state’s intestacy laws (see Ohio’s here) dictate how your estate will be divided. This means that the state will follow a legal formula to decide who inherits your property, with no regard to your personal wishes. For example, if you’re married with children, your spouse may not automatically inherit everything, depending on your state’s laws.

• Immediate family distribution: In many states, assets are split between your spouse and children. In Ohio, this is the case if you are married but you have children from a previous relationship. This can cause financial strain or disputes if you intended for your spouse to have access to everything.
• No spouse or children: If you aren’t married and don’t have children, your estate might be distributed among distant relatives, even if you haven’t spoken to them in years.
• Potential disputes: Heirs may argue over property, money, or sentimental items if your wishes aren’t clearly outlined, adding more stress during an emotional time.
• Unintended outcomes: Assets could go to individuals you wouldn’t have chosen, like an estranged sibling or absent parent, simply because of legal default rules.

2. The Probate Process Can Be Lengthy and Expensive

Probate is the legal process of distributing someone’s estate after they pass away, and it can be much longer and more expensive if there is no will. Without a clear roadmap, the probate court must take extra steps to determine how to divide your assets.

• Extra court involvement: The court may have to appoint someone to administer your estate, which can add delays.
• Asset verification: Without a will, the court needs to verify and evaluate all of your assets. This step can take time, especially if there are complex accounts or properties.
• Increased legal costs: The probate process is more costly when no will is present. More court appearances and legal guidance can drive up attorney fees and filing expenses.
• Prolonged closure for loved ones: Family members may have to wait months—or longer—for the probate process to wrap up, leaving them in limbo while trying to grieve and move forward.

3. Guardianship of Minor Children is Determined by the Court When You Don’t Have a Will

If you have young children, not having a will could mean that the court decides who will raise them. While the court will try to make the best decision, it may not align with your preferences.

• Guardianship uncertainty: Without a will, the court appoints a guardian for your children, and it may not be the person you would have chosen.
• Family disagreements: Disputes among family members over who should care for your children can arise, adding more emotional strain.
• Unintended outcomes: The court might select a guardian who lives far away or someone who doesn’t share your values or parenting style, simply because they’re legally next in line.
• Security for your children: A will ensures that your children will be cared for by someone you trust, both emotionally and financially.
  
  

4. Personal Wishes May Not Be Honored

A will allows you to leave specific instructions for personal items, charitable donations, or how you want to be remembered. Without one, those personal touches may be lost.

• Family heirlooms: Special items, like jewelry, artwork, or keepsakes, may end up in the wrong hands or sold off to pay debts.
• Charitable giving: If you intended to donate a portion of your estate to charity, this won’t happen without written instructions in a will.
• Last messages: A will gives you the opportunity to leave final messages or guidance for your family, offering closure and peace of mind.
  
  
  

5. Financial Dependents Could Be Left Vulnerable

Without a will, any financial dependents, like elderly parents or a disabled child, could be left without the support they need. While the court may allocate some assets to them, it may not be enough or may come with strings attached.

• Care for special needs: If you have a dependent with special needs, a will can ensure assets are transferred into an appropriate instrument without jeopardizing any government assistance.
• Elderly parents: If you’re providing for aging parents, a will can make sure their needs continue to be met after you’re gone.
• Pet care: Even pets can be left without care or proper funding if no will exists to designate who should take them in.
• Family peace of mind: By securing your dependents’ future, you relieve your loved ones of the burden of worrying about their care and support.

Secure Your Family’s Future with a Will

If you don’t have a will, it can leave your loved ones in a difficult position—navigating the legal system, resolving disputes, and making guesses about your wishes. By getting an estate plan started, you can make things easier for your family, protect your loved ones, and ensure your legacy is honored. 

I understand the importance of planning for the future and making your voice heard, even after you’re gone. Schedule a free consultation today to get started on your will and give your family the gift of clarity and peace.