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Wills
A Will is a written legal document that dictates how to distribute your estate after your death. An estate consists of all real property (land), personal property (stocks, bank accounts, cars) and intangible property (claims, interests, rights) that the individual owns at death.
A will allows you to personalize the distribution of your property. If you do not make a will, you are said to have died "intestate" and, with certain exceptions, your possessions are distributed according to Ohio law. If you are married, both you and your spouse should have coordinated wills because each of you may have property that you would like to dispose of separately. Also, if one spouse inherits the other spouse's estate but does not have a will of his or her own, the second estate may not be distributed as wished when the surviving spouse dies.
Only about half the states recognize "home-made wills." Because many such wills contain imprecise language, they may be successfully attacked in court and declared invalid. Therefore, it is best not to attempt a do-it-yourself will.
Living Trusts vs. Wills: What`s the Difference?
Living trusts and wills allow you to choose how your property will be distributed after death. Although there are other issues to consider, the primary advantage of a living trust is that it can make it easier to avoid probate. Property transferred into a living trust before death does not go through probate.
It is important to understand that:
- A living trust is not the only way to avoid probate. The rules about probate and avoiding probate are often different in different states. It is best to check with an attorney to find out more information.
- Most states have rules that allow small estates to be administered outside of probate or through an "expedited" probate process. These rules are different in each state. You can find out more from the Clerk (or Register) of Wills or from a local attorney.
Wills and Life Insurance
Life insurance policies in no way take the place of having a will. If your policy is payable to your estate after death, the proceeds will be distributed according to your will. If the policy benefits are payable to a beneficiary other than your estate, such as your spouse or another relative, your will has no effect on the distribution.
Resources
Begin the Conversation
Description:
This website provides tools and resources to help individuals and families plan for (and talk about) end of life care. State-specific resources and forms are available.
Begin the Conversation, an advance care planning program created to encourage the use of advance care directives, was created in 2009 by Wilmington, North Carolina-based Lower Cape Fear Hospice. To help everyone prepare for the unexpected, the goal is to encourage everyone to complete advance care directives with a focus on the value of conversations in advance care planning.
National Healthcare Decisions Day
Description:
This website provides access to helpful information and forms to help individuals and families in planning for their healthcare needs and wishes.
Mission
National Healthcare Decisions Day (NHDD) exists to inspire, educate and empower the public and providers about the importance of advance care planning. NHDD is an initiative to encourage patients to express their wishes regarding healthcare and for providers and facilities to respect those wishes, whatever they may be.
Overview
NHDD exists as a 50-state annual initiative to provide clear, concise, and consistent information on healthcare decision-making to both the public and providers/facilities through the widespread availability and dissemination of simple, free, and uniform tools (not just forms) to guide the process. NHDD entails 50 independent, but coordinated, state and local events (necessitated by the difference in state laws and dynamics) supported by a national media and public education campaign.
In all respects, NHDD is inclusive and brings a variety of players in the larger healthcare/legal/religious community together to work on a common project, to the benefit of patients, families, and providers. NHDD is not prescriptive; it allows for and fosters creativity.
A key goal of NHDD is to demystify healthcare decision-making and make the topic of advance care planning inescapable. On NHDD, no one in the U.S. should be able to open a paper, watch TV, view the internet, see a physician or lawyer, or go to a healthcare facility without being confronted with the topic of advance care planning. Among other things, NHDD helps people understand that advance healthcare decision-making includes much more than living wills; it is a process that should focus first on conversation and choosing an agent.
Vision
Across the country, every healthcare facility will participate as the flagship venues for the public engagement. Other participating organizations/facilities that have their own physical spaces will engage in activities as well. Those organizations that lack physical spaces will work in conjunction with others or at non-healthcare venues (libraries, grocery stores, drug stores, etc.) to support the initiative. A variety of churches, synagogues, and mosques around the country will also support the effort by highlighting the importance of advance care planning with their congregations.
Ohio State Bar Association
Columbus 43204
Description:
The OSBA provides a great deal of general information about all aspects of the law for members of the public, including handbooks, pamphlets, newspaper columns, programs, and information about attorneys. This information is offered free of charge and can be downloaded off of the website. The LawFacts pamphlet series provides general information for consumers about the most commonly encountered legal issues such as advanced directives, wills, bankruptcy, DNR orders, guardianships, living trusts, living wills, probate, etc.
Pro Seniors
Cincinnati OH 45237
Description:
Pro Seniors is a contracted provider of Council on Aging offering the following services:
- legal assistance
- ombudsman services
More about Pro Seniors
Founded in 1975, Pro Seniors is a non-profit organization that provides free legal and long-term care help to older adults. Pro Seniors offers Ohio residents age 60 and older the advice and information they need to solve their legal and nursing home, adult care facility, and home health care problems.
The Pro Seniors Mission
Pro Seniors is dedicated to helping older adults maintain their independence by empowering them, by protecting their interests, and by helping them access resources.
What Pro Seniors Offers
Pro Seniors Legal Hotline serves the State of Ohio. By calling the Pro Seniors Legal Hotline, Ohio residents age 60 or older can receive free assistance over the telephone with a variety of legal or long-term care problems. In Greater Cincinnati, the number to call is (513) 345-4160. In other parts of Ohio, call (800) 488-6070. Find more information on the Legal Hotline by selecting the Legal Hotline link.
Legal Help
If you have a legal problem that cannot be resolved over the telephone, the Legal Hotline may refer you to a Pro Seniors staff attorney if you live in Butler, Clermont, Clinton, Hamilton or Warren County. Pro Seniors' staff attorneys handle problems that many private attorneys do not, such as Medicare, Medicaid, Social Security, other government benefits and pensions. The Legal Hotline may also refer you to a private attorney who has agreed to accept cases at a reduced fee for clients with limited income.
Legal Information Pamphlets
Pro Seniors provides pamphlets on a variety of subjects, from Medicare and Medicaid to consumer fraud and food stamps. You can find a complete list by selecting the Pamphlets link.
Long-term Care Ombudsmen
If you have a complaint about a nursing home, Pro Seniors can help. The long-term care ombudsmen will investigate and work with you to resolve your concerns about nursing facilities in Butler, Clermont, Clinton, Hamilton, and Warren counties. Pro Seniors ombudsmen also handle complaints about home care and adult care facilities. You can find more information about the Ombudsman program by selecting the Ombudsman link. The Ombudsman can also help you choose the right care facility to meet your needs.
Volunteer Opportunities
If you are interested in assisting older people and have a few free hours each week, Pro Seniors offers a variety of volunteer opportunities. For more information about our volunteer Ombudsman Program, select the Ombudsman link. If you are concerned about fraud and waste in the health care system, select the Ohio Seniors Fight Fraud link to learn more about volunteering for this project. If you are an attorney, you can assist callers to the Legal Hotline or conduct legal research. Paralegals can provide valuable support to our legal staff. Volunteers also are needed to assist staff with mailings and other office projects.
The Conversation Project
Boston 02109
Description:
The Conversation Project is dedicated to helping people talk about their wishes for end-of-life care. The website includes personal stories and a Starter Kit to help individual and families get their thoughts together and then have a conversation about their wishes for end of life care.