Although everyone should draft a will early and then create a comprehensive estate plan as they accumulate assets, many people do not. It’s easy to postpone estate planning because no one wants to consider their mortality. Unfortunately, life is unpredictable, and the only way to protect the financial security of those you love—especially if they have no biological relation to you—is by including them in a will.   

The Laws of Intestate Succession

Every state has its own laws of intestate succession, but, typically, the property of those who die without a will is distributed among their surviving spouse and any biological or adopted children. As such, if you do not adopt your stepchildren and end up passing before having drafted a will, they will not receive anything from the estate.

Exception to the Statute

In recent years, some states have enacted an exception to this statute, and Ohio is one of them. Stepchildren may inherit property in the state of Ohio if their stepparent has no surviving biological relatives. Since this is a fairly unlikely scenario, it is wise to discuss your last wishes with an estate planning attorney if you want to ensure your loved ones receive an inheritance after you pass.

If you have children with someone other than your current spouse and want the entire estate to go to them, it is critical to draft a will. Otherwise, your estate will be divided among the person whom you were married to upon death and any biological or adopted children according to Ohio’s laws of intestate succession.

If you want to draft a will or transfer assets to a trust to protect certain family members, turn to Dennis P. Faller Attorney. Based in Wapakoneta, OH, this estate planning lawyer is proud to help clients throughout Auglaize County provide for their loved ones when it matters most. He will guide you through every step of the process and ensure the documents reflect you and your family’s best interests. Visit the firm online to explore all their legal services, or call (419) 738-4578 to schedule an initial consultation today.