If you don’t make a plan, Ohio will make one for you.

That is the number one estate planning mistake I see in my office week after week: families who assume that when the time comes, things will simply “work themselves out.” But here’s the truth—when you don’t make decisions, the state of Ohio makes them for you. And the state’s version of your plan rarely looks anything like what you would have wanted for your family.

Instead of peace, your loved ones are often left with probate court. They’re saddled with unnecessary costs, long delays, and the loss of privacy. Even worse, they may see the assets you worked so hard to build divided in ways that stir up conflict instead of strengthening relationships.

Let me tell you a story that makes this painfully clear.

Bob and Mary’s Farm: A Family Caught Off Guard
Bob and Mary had been married for more than 30 years. They built a life together on their 3,000-acre farm in Ohio, raising four children who each had very different paths in life. Their oldest son made farming his livelihood, working the land every day. Their oldest daughter loved her parents dearly but had built her own life out of state and had no real interest in the farm. Their second son often struggled with money, turning to his parents and siblings whenever he needed financial help. And their youngest daughter became the family’s caregiver, handling medical and financial matters for her parents while trying to hold everyone together.

When Mary passed away, Bob was left grieving and overwhelmed. Like many surviving spouses, he didn’t make changes to their estate plan. He assumed the documents they had prepared years ago were “good enough.”

But they weren’t.

When Bob died, the farm and the rest of his estate were pushed into Ohio’s probate system. Instead of passing smoothly to his children in a way that reflected their different circumstances, the law required the property to be gathered, sold, and divided evenly.

The results were devastating. The son who farmed the land lost the very property that sustained his livelihood. The son with money problems began pestering his siblings for cash. The daughter who lived out of state pulled away to avoid the drama. And the caregiving daughter—the one who had always been at her parents’ side—was left trying to manage the chaos without a roadmap.

A family that could have been united by love and legacy was instead divided by confusion, delays, and stress.

What Probate Really Looks Like in Ohio
This is the reality of probate in Ohio. Families often imagine that probate is simply “paperwork” or a minor legal step. But in truth, it is a long and expensive process. Even the simplest probate cases take at least six months. When the estate involves a farm, a family business, or other complex assets, the process can drag on for years.

On top of the delays, probate brings heavy costs. Court fees, attorney fees, appraisal costs, and administrative expenses all chip away at the estate. Families who thought they were leaving a gift often discover that a significant portion has been consumed by the process itself.

Privacy is another casualty of probate. Because the proceedings are public, anyone can look up what you owned and how it was divided. For families who have spent their lives working hard and protecting their privacy, this exposure often feels like a final insult.

Perhaps most damaging, probate breeds conflict. Without clear instructions from you, siblings are left to argue about what “Mom or Dad would have wanted.”

Disagreements that could have been avoided spiral into resentment, fractured relationships, and even litigation.

Why a Will Isn’t Enough
Many people assume that because they have a will, they’ve done enough. Unfortunately, that is one of the biggest misconceptions I see as an estate planning attorney in Ohio. A will still has to go through probate. That means all of the same delays, costs, public record issues, and risk of family conflict still apply.

Bob and Mary’s family illustrates this perfectly. Their will did not protect their children from probate. It did not preserve the farm for the son who had devoted his life to it. It did not create a strategy for the child who struggled financially, or support the caregiving daughter who had taken on so much responsibility. It simply sent everything through the court system—and the result was a family divided.

What families really need is a comprehensive estate plan that looks at their unique dynamics, protects their assets, and avoids probate altogether.

Planning for Real Families
Every family in Ohio has its own story. That means every family also needs its own tailored estate plan. For business owners and farmers, the most pressing question is often who will take over the business or land. For parents of children with financial struggles, the question becomes how to provide support without encouraging dependency. For families with heirs living out of state, the issue is often how to keep things simple and avoid unnecessary travel or disputes. And for families with one child who has taken on the role of caregiver, clarity is essential so that child is not left carrying the weight of uncertainty or accusations of favoritism.

Estate planning is not about filling in blanks on a form. It is about making thoughtful decisions that reflect your family’s reality and values.

Why Timing Is Everything
So many families delay estate planning because it feels overwhelming, or because they believe they’ll have more time later. But as Bob and Mary’s story shows, waiting only makes things more urgent—and more difficult—for those left behind.

When one spouse dies, the surviving spouse is suddenly single under Ohio law, and the protections they had as part of a married couple shift dramatically. Grief often keeps them from making good decisions, and illness or incapacity can arrive without warning, leaving no time for careful planning.

The best time to plan is not tomorrow. The best time is always now.

How Boone Legal Helps Families Leave a Legacy
At Boone Legal, we believe estate planning is not about documents—it’s about people. It’s about making sure your kids are protected, your business or farm is preserved, and your legacy brings peace rather than conflict.

Through our Family Wealth Planning Session™, we guide you step by step to get organized, to understand the difference between probate and trust planning in Ohio, and to make decisions that reflect your unique family and goals. More than anything, we help you leave behind peace of mind, not chaos.

Ready to Protect Your Family’s Future?
Don’t let Ohio write your family’s story. Protect your kids, your business, and your legacy by creating an estate plan that avoids probate, preserves privacy, and reflects your values.
 

Call us today at (330) 968-6003 or schedule your Family Wealth Planning Session™ at www.boonelegal.com.

Leave a legacy of love, not a mess.

❤ Kristen Boone & the Boone Legal Team