Blog

Did you know that about 50% of Ohio adults are single (never married, divorced, or widowed)? Many assume that being single means you don’t need to properly plan for the future, but the reality is quite different. In Ohio, if you are single, the law doesn’t automatically protect your assets or assign decision-making authority to the people you care about. Without a plan, the state decides who inherits your property and who makes financial or medical decisions if you’re unable to. This can cause conflicts and place unexpected burdens on loved ones. Planning ahead allows single individuals to take control of their future, safeguarding both their assets and the people they care about most.

Understanding Single Status in Ohio

In Ohio, being single means you are not legally married. Simply living with a partner, sharing a home, or raising a child together does not constitute a legal marriage. Only a valid marriage license grants the legal rights and protections that spouses are entitled to under the law. Additionally, Ohio does not recognize common-law marriage (although it does acknowledge common-law marriages that were established prior to 1991 or in other states).

This distinction is important because Ohio’s intestacy laws, which decide who inherits your property if you die without a will, are designed to favor spouses and blood relatives. If you die without an estate plan, your assets might go to relatives you haven’t spoken to in years, while the people you truly care about, but who aren’t necessarily related, may receive nothing.

What Happens Without an Estate Plan

Under Ohio’s intestacy laws, your property is distributed according to specific rules if you die without a will.  Generally speaking, if you have children, your assets will go to them. If you don’t have children, your property will first pass to your parents, then to your siblings, and finally to extended family members. It’s essential to note that friends, partners, and charitable organizations are not necessarily covered by these laws.

There’s a common misconception that a long-term partner or close friend will automatically inherit your property or have decision-making authority. However, if you die without a will or estate plan, Ohio law does not recognize these relationships. Any intended heirs outside the statutory order will not receive your assets unless you take legal steps to include them.

Who Calls the Shots During Incapacity?

In Ohio, single adults face other unique legal challenges. Without a designated health care power of attorney, there is no automatic decision-maker to make health care choices for you if you become unable to do so. Ohio law typically defaults to family members for these decisions, which may not reflect your personal preferences. A trusted friend or partner will have no authority unless you explicitly grant them that responsibility. Additionally, without proper planning, a court could appoint a guardian whom you might not have chosen yourself.

Proper planning enables single individuals to ensure that their wishes are honored. You can specify who will inherit your property, manage your finances, and make health care decisions on your behalf. Utilizing tools such as a will, beneficiary designations, and various powers of attorney facilitates an organized and controlled transfer of assets and decision-making authority.

Real-Life Scenarios

Consider a 25-year-old recent college graduate that has started investing and opened retirement accounts. She assumes her assets will automatically go to her fiance if something happens before the wedding. Without a plan in place, her accounts could instead pass according to Ohio intestacy laws, which may not match her intentions.

A single 34-year-old professional shares a home with a friend and co-owns some valuables. Her parents passed away several years ago and she assumes that her friend will inherit her estate.  But without a will or transfer-on-death designations, the law could direct these possessions to her distant relatives instead.

A 48-year-old single parent wants to ensure that her child is cared for by a close family friend if she dies unexpectedly. Without a guardian designation in her estate plan, the court could assign guardianship to a relative she barely knows.

A 63-old single business owner wants his assets and operations to remain within his trusted team if he becomes incapacitated. Without a financial power of attorney and a succession plan, Ohio law could place a guardian in charge, potentially causing conflict among family members and disrupting the business.

These examples show that estate planning is important at every stage of life. Without a plan, Ohio law decides how assets are distributed and who makes decisions on your behalf, and the outcome may not reflect your wishes.

Conclusion

Being single in Ohio does not make estate planning simpler; it makes it more important. Without the protections of marriage, single individuals must take proactive steps to ensure that their assets and decision-making authority are managed according to their wishes. Establishing an estate plan allows you to provide for loved ones, assign decision-makers, and protect your legacy. Without a plan, Ohio law will determine these outcomes, and the result may not align with your intentions.