What Happens If You Die Without a Will?
Hoover Kacyon
May 7, 2025
Passing away without a will—also known as dying intestate—means that the probate court will decide how to distribute your assets under Ohio’s intestate succession laws. While this process ensures your property eventually goes to family, it may not reflect your wishes.
Understanding Intestacy in Ohio
When someone dies intestate, the law determines their “heirs”—typically close relatives like a spouse, children, parents, or siblings. In Ohio, the distribution depends heavily on your family structure at death.
If you’re married with children, your surviving spouse may inherit everything, but if you have children from a previous relationship, your estate could be divided between them. If you're unmarried, your children are first in line, followed by parents, siblings, and so on. Without any surviving relatives, your estate could eventually pass to the state.
Not All Assets Go Through Probate
It’s important to understand that not every asset is subject to probate, even if you die without a will. Assets with named beneficiaries, such as:
- Life insurance policies
- Retirement accounts (401(k)s, IRAs)
- Payable-on-death (POD) or transfer-on-death (TOD) accounts
- Property held in joint tenancy with right of survivorship
These pass directly to the named person, bypassing probate entirely. That means even without a will, those designations can dictate where a portion of your estate goes.
What About Real Estate in Other States?
If you own property outside Ohio, that real estate will be distributed according to the laws of the state in which it is located, not Ohio’s. This detail can lead to additional complications and delays for your loved ones.
Avoid the Guesswork—Create a Will
Relying on state law to determine who receives your assets can result in unintended consequences. Cohabitating partners, stepchildren, or close friends are generally not considered legal heirs under Ohio law and could be left with nothing.
At Hoover Kacyon, LLC, our estate planning attorneys can help you draft a clear, legally valid will that ensures your wishes are carried out and your loved ones are protected. Don’t leave your legacy to chance—call us at
330-922-4491
or
contact us
online to make an appointment. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service.
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A divorce is a life-changing event that requires updating many aspects of your life—including your estate plan. If you fail to revise your will, trusts , and beneficiary designations after divorce, unintended beneficiaries, including your ex-spouse, could inherit your assets. Learn to navigate these important updates to ensure your estate plan reflects your current wishes. Revising Your Will In Ohio, divorce automatically revokes any provisions in a will that benefit a former spouse. This detail means that if you had previously named your ex-spouse as a beneficiary or executor, they will now be treated as if they had predeceased you. However, this does not apply to other family members of your ex-spouse whom you may have included in your will. If you still wish to leave assets to your ex-spouse or make other changes, you must draft a new will that clearly states your intentions. Most wills include language that revokes prior versions, ensuring clarity in case of disputes. A new will also allows you to reassign executors and beneficiaries according to your updated preferences. Reviewing Trusts Trusts are common estate planning tools that also require careful review after divorce. If you have a revocable trust , Ohio law typically removes your ex-spouse as a beneficiary. However, irrevocable trusts do not change automatically—meaning your ex-spouse may still be entitled to benefits unless you restructure the trust. To avoid unintended outcomes, it is essential to review all trust agreements with an experienced estate planning attorney who can help modify or create new trusts as needed. Updating Beneficiary Designations Not all assets pass through a will or trust. Many financial accounts, including life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts , are distributed based on beneficiary designations. A divorce does not automatically revoke these designations in Ohio, so if your ex-spouse remains listed, they could still receive those assets. To prevent this, update all beneficiary designations through your financial institutions, workplace benefits, and insurance providers. Naming a Legal Guardian for Minor Children If you have minor children, your estate plan should name a legal guardian in case something happens to you. While custody typically goes to the surviving parent, you should name a backup guardian in case your ex-spouse predeceases you or is deemed unfit. Working with an attorney ensures these plans align with Ohio law and your family's best interests. Take Action Today Failing to update your estate plan after divorce can lead to unintended consequences, including assets going to the wrong individuals or disputes among family members. At Hoover Kacyon, LLC, we guide residents of Akron, Fairlawn, and Cuyahoga Falls, Ohio, through this process, ensuring their estate plan reflects their new circumstances and protects their loved ones. If you are recently divorced or in the process of divorcing, schedule a consultation with our estate planning team today. Let us help you secure your future with confidence. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
Parents are often thrilled when their children marry, welcoming new family members with the hope of a lifelong union. However, as reality shows, marriages don’t always last. While you can’t shield your children from the emotional toll of divorce, you can take steps to ensure their inheritance remains protected. Including asset protection in your estate planning can prevent an ex-spouse from claiming part of your child’s inheritance in a divorce. How Ohio Law Treats Inheritance in Divorce Ohio follows an “equitable distribution” system, meaning marital property is divided fairly—but not necessarily equally—during a divorce . While assets inherited by one spouse are generally considered separate property, they can easily become marital property if commingled. For instance, if your child inherits money and deposits it into a joint bank account with their spouse, it can lose its status as separate property. Similarly, if an inherited home is jointly improved or used as the couple’s residence, its increased value may be considered marital property. Once separate property becomes marital property, it typically cannot be reversed. Strategies to Protect an Inheritance from Divorce To safeguard your child’s inheritance, consider the following options: 1. Establishing a Trust A well-structured trust is one of the best ways to protect an inheritance. Two primary options exist: Revocable Trust – Allows flexibility while the grantor is alive, ensuring assets are managed and distributed according to predetermined terms. Since the trust, not the child, owns the assets, they are protected from becoming marital property. Irrevocable Trust – Provides stronger protection by preventing the assets from being reclaimed by the grantor. This step ensures the inheritance is shielded not only from divorce but also from creditors and legal claims. 2. Using a Limited Liability Company (LLC) For inheritances involving family businesses, farms, or valuable property, an LLC can be an effective tool. By structuring ownership through an LLC, assets remain separate and protected, preventing them from being subject to division in a divorce. Secure Your Family’s Future The unfortunate reality is that nearly half of marriages end in divorce. By taking proactive steps now, you can help ensure that your child’s inheritance remains protected for future generations. Consulting with an experienced estate planning attorney at Hoover Kacyon LLC can provide peace of mind and legal strategies tailored to your family's needs. Contact Hoover Kacyon LLC today to discuss safeguarding your child’s inheritance and securing your legacy. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
Divorce can be a complex and stressful process for business owners who have dedicated time and effort to building their companies. The division of assets, spousal support, and financial impact can be overwhelming. At Hoover Kacyon, LLC, we understand these challenges and are here to help protect your interests and future. Is Your Business Marital Property? A key concern is whether a business is considered marital property. In Ohio, assets acquired during marriage are typically subject to equitable distribution. If you established your business before marriage, its original value may remain separate property. However, any increase in value during the marriage could be considered marital property, especially if marital funds or joint efforts contributed to its growth. Protecting Your Business During Divorce Here are strategies to safeguard your business: Control Business Growth – Consider slowing major expansions if divorce is imminent, as increased business value may be subject to division. Trust Legal Guidance – A skilled attorney can handle negotiations and protect your business assets while you focus on operations. Distinguish Separate vs. Marital Property – Keeping clear financial records can help clarify which portions of your business are separate property. Negotiate a Buyout – Instead of dividing ownership, offer an equalization payment as a lump sum or structured payment plan to retain full control. The Role of Prenuptial and Postnuptial Agreements A prenuptial or postnuptial agreement is one of the best ways to protect a business from future claims. Prenuptial Agreement – Created before marriage, it defines how to handle business assets in a divorce. Postnuptial Agreement – Established after marriage, it outlines asset division. However, courts may scrutinize postnups if you’re already considering divorce. Avoiding Litigation Litigation can be costly and expose business details to public records. Alternative dispute resolution methods, such as mediation or negotiation, can maintain privacy and lead to fair settlements. Negotiating a division of other marital assets—such as real estate or investments—may allow you to retain full business ownership without court intervention. How Hoover Kacyon, LLC Can Help At Hoover Kacyon, LLC, we understand the unique challenges business owners face during divorce. Our legal team specializes in asset protection, negotiations, and crafting agreements that safeguard business interests. If you are a business owner facing divorce, schedule a consultation with Hoover Kacyon, LLC today to protect your business, financial stability, and future. No matter how complicated your divorce might be, the Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
