Thinking about writing your will can feel overwhelming. It’s a deeply personal process, requiring you to make decisions about the people, possessions, and plans that matter most to you. However, creating a will is one of the most important steps you can take to protect your loved ones and ensure that your wishes are honored.
This guide explains everything you should include in your will. With thoughtful planning, you can craft a document that offers clarity and peace of mind for you and your family.
1. Personal Information
Start your will with the basics. Include your full legal name and the County in Ohio where you reside. Of course, it should state it is your last will and testament.
2. Appoint an Executor
The executor of your will is the person responsible for carrying out your final wishes. This is an important role, so choose someone you trust to handle legal and financial matters on your behalf.
When naming an executor, consider someone who is:
- Reliable and organized
- Comfortable communicating with beneficiaries and professionals like attorneys or accountants
- Willing to take on the responsibility
Although it could be helpful to speak with your chosen executor beforehand to confirm they’re prepared for the role, we do not recommend doing so. Informing the person you have prepared your documents and they play a prominent role is all we recommend you do here. In our experience, lengthy discussions with the Executor are not helpful. Those discussions merely delay the process and make it more difficult to get the documents in place. In over 37 years as an attorney doing this type of legal work, George Lovett has had less than 5 Executors refuse to serve in the role. George’s office has handled over 1000 probate cases in the last 10 years.
3. Detail Distribution of Assets
A key purpose of your will is to outline how your assets will be divided among your beneficiaries. Assets that could be included are:
- Property (e.g., houses, land, or vacation homes)
- Financial accounts (e.g., savings, retirement accounts, or investments)
- Personal property (e.g., jewelry, artwork, cars, or sentimental items)
However, we do not recommend making a spoon, knife, and fork inventory. This is too difficult and takes too long. Compiling that list takes too much work and makes it less likely you will complete the job. Instead, we recommend breaking down distributions into two groups of items: Tangible personal property, then everything else (this remainder is called the Residuary Estate by estate planners).
The tangible items, like household goods and furnishings, could be given as a group to the beneficiaries in equal shares, then they determine who gets what. Normally, they can do this effectively. If they squabble … and they rarely do … the Will should give the Executor the power to make distribution in cash, kind, or partly in cash and partly in kind. Plus, the Executor should have a general power of sale. If the beneficiaries act like children and refuse to be reasonable, these powers enable the Executor to propose a list of items everyone receives. That usually works. And if the squabbling does not end, the Executor holds the power to tell everyone that there is going to be a sale at a certain time and date. The Executor can then invite everyone to come and bid. George Lovett, who has probated hundreds of cases, has never had to resort to this practice to achieve a settlement.
For the remaining property, George recommends giving away percentages of the Residuary Estate instead of itemizing each asset and stating who gets what. It is a lot easier than making a detailed list. Further, many persons sell or give away assets after making a Will. If the Will lists assets that no longer exist, then the Executor oftentimes will have to explain to the Probate Court that an asset no longer exists. Percentages are a much easier format than making a detailed list of the Residuary Estate.
4. Address Outstanding Debts and Taxes
Your executor will need to settle any debts, loans, or taxes you leave behind. Including general instructions in your will, early in the document, that the Executor has the responsibility to make certain these are compromised, paid, or contested if the Executor feels it is appropriate, is a good idea.
5. Outline Funeral and Burial Wishes
Your will is not really an appropriate place to document any preferences you have for your funeral or burial arrangements. Normally, the funeral and related arrangements need to be done quickly soon after the decedent’s demise. The funeral director is well positioned to guide the family in these matters. If a person wants to specify the funeral they want and name particular arrangements, then Ohio law provides that the person can complete a list setting forth those specifics. If the person wants to make certain their wishes are followed, then pre-paying for the funeral is the best way to insure things go off the way the decedent desires. Remember, the will takes time to be probated. If the wishes are detailed in that document, then by the time it is probated the decedent will already be in the ground or cremated. The will is simply not a good place to specify how to handle the funeral.
6. Include a Residuary Clause
There may be assets you forget to mention explicitly in your will or that you acquire after writing it. To ensure those items are accounted for, include a residuary clause. This catch-all instruction specifies:
- Who should inherit any remaining assets that aren’t explicitly addressed
- How these residual assets should be divided
This helps prevent complications and ensures your estate is distributed as you intended.
7. Specify Digital Assets and Online Accounts
Our digital footprint becomes more significant every day, so don’t forget to include instructions for managing your online presence. Your digital assets may include:
- Email accounts
- Social media profiles
- Online bank accounts
- Digital photos and videos
However, we recommend you DO NOT put login information or instructions for accessing these accounts in your will. That will is normally a public document that anyone has the right to see once it is admitted to probate. Instead, we recommend our clients put this type of detailed information as a separate document with all of their other estate planning instruments. We send all of these home in a red notebook that we recommend folks put on a shelf in their home so it is quickly and easily found.
Final Tips for Writing Your Will
- Stay Organized – It is a nice aspiration to make a list of all your assets, liabilities, and important details to ensure nothing is overlooked, but we recommend you keep it simple. In our experience, a highly detailed list is not necessary. The main thing is to get started on the process and complete it. The more difficult you make the assignment, the less likely it is you will complete it.
- Use Clear Language - Ambiguity can lead to disputes, so be precise with your instructions.
- Get Legal Advice - Consult an attorney to ensure your will adheres to state laws and is legally binding. How to phrase things is crucial. If you are not experienced, then drafting a will is an exercise an inexperienced person is very unlikely to get correct. There are too many things to get wrong. George Lovett, in his 37 years as an attorney doing this work, has never seen a self-made will go through probate without problems.
- Keep It Updated - Revisit your will regularly to reflect on major life changes, such as marriages, the birth of children, or changes in financial circumstances.
Consult With Wills Attorneys in Dayton, OH
Creating a will is an act of care and responsibility. Taking note of these crucial details can ensure your legacy is protected and your loved ones are provided for, no matter what the future holds.
If you’re ready to draft, review, or update your will, consider reaching out to an estate planning professional for personalized assistance. At Lovett & House, we serve individuals and families in Dayton, Miami Valley, and Central Ohio who want to secure their future and protect their assets. With our certified specialist in estate planning, we can help you create a comprehensive will.
Taking the time to plan now can bring peace of mind to you and your family for years to come. Contact us at (937) 909-0770 to schedule an appointment.