Free Case Review   (614) 878-7777

charles bendig logo
  • Practice Areas
    • Estate Planning
      • Living Wills
      • Divorce Estate Plan
      • Power of Attorney
      • Probate
      • Trusts
      • Wills & Will Contests
    • Family Law
      • Child Custody
      • Child Support
      • Divorce
      • Father’s Rights
    • Personal Injury
      • Car Accident
      • Wrongful Death
      • Workplace Injury
  • About
    • Chuck Bendig
    • Jacob A. Schlosser
  • Articles
  • Contact

The time between Christmas and New Years is deadliest for drivers. Here’s why.

cars in the snow

According to the National Highway Traffic Safety Administration, the Holidays (between Thanksgiving and New Years) are considered the “deadliest of the year” in terms of auto accidents.

If you’re involved in a car accident when you’re not at fault, and you suffer an injury, you may have the right to file an accident claim. You should hire an attorney as soon as possible to find out what your rights are.

It’s also a good idea to learn why car accidents are more frequent around the holidays. Here are the top 4 reasons.

1. Too much “indulgence” at Holiday parties

Almost 40% of all fatalities that occur during the Christmas holiday period involve at least one driver who was impaired by alcohol. People are attending office parties or family parties, having a great time, and there is a tendency to overindulge. While you may know you shouldn’t drink and drive, even “just a few” can have serious consequences. It’s always best to avoid getting behind the wheel, even if a person only has one or two drinks. Utilize driving services such as Uber or Lyft.

2. Increased Holiday Stress

The Holidays are as stressful as they are cheerful. Coordinating holiday events, having a house filled with family, and the crowded shopping excursions, can all lead to increased amounts of stress. Especially when dealing with holiday traffic. People have a tendency to become sloppy when it comes to safety and neglect the rules of the road. That stress can create mental distractions, resulting in a higher likelihood of a car accident.

3. Increased traffic

During the month of December and January, there are more vehicles on the road than any other time during the year. This, of course, results in the potential of more car accidents. A factor that’s compounded when out-of-towners are added to the mix. People traveling in the area won’t be familiar with the roads, which means more people slamming on their breaks when they realize they’ve missed their exit. As a result, it is best for people who will be driving to give themselves more time to reach their destination and try to be more vigilant.

4. Improper Vehicle Maintenance

During the holidays, money is usually tighter than the rest of the year. Drivers begin skimping on vehicle maintenance and instead use the money to buy gifts. This is never a good idea and could result in you being stranded on the side of the road or a larger final repair bill. One way to avoid car accidents is to invest in vehicle maintenance during the holiday season, just like you would during other times of the year.

If you’re involved in an auto accident during the holidays and it’s due to someone else’s negligence, call Attorney Chuck Bendig at 614-878-7777. He can review the facts of your case and determine whether or not you have the right to file a lawsuit.

Frequently Asked Questions About Pour-Over Wills

Does a pour-over will avoid probate?

No. Assets passing under a pour-over will generally require probate before they reach the trust. Assets already properly held in a living trust generally avoid probate. Other assets may pass outside probate through valid beneficiary designations or survivorship ownership.

Do I need a pour-over will if I already have a living trust?

A companion pour-over will is generally recommended. It provides instructions for covered probate assets left outside your trust and can name an executor and nominate guardians for minor children.

Can I name guardians in a pour-over will?

Yes. A pour-over will can nominate guardians for minor children. Court appointment and Ohio law still apply; the nomination does not automatically override a surviving parent's rights or every other consideration.

What happens if I have a trust but no pour-over will?

Assets already in the trust continue to follow its terms. Property outside it follows any effective beneficiary designations, ownership arrangements, or other will provisions. Probate property with no effective will provision may pass under Ohio intestacy law instead of your trust instructions.

Does a pour-over will override beneficiary designations?

Generally, no. A valid beneficiary designation on an account or insurance policy usually controls that asset's transfer. Review beneficiary designations alongside your will and trust so the arrangements support your overall plan.

Will a pour-over will reduce my taxes?

Not by itself. A pour-over will directs covered property into a trust. Tax consequences depend on the assets, trust provisions, beneficiaries, and applicable law. It should not be treated as an automatic tax-saving tool.

Can I rely on a pour-over will instead of funding my trust?

That is generally not a good substitute. Assets left to pass through the will may require probate, adding administration before the trust can receive them. Funding appropriate assets during your lifetime helps the trust perform its intended role.

What if I revoke or replace my living trust?

Have your pour-over will reviewed at the same time. Under Ohio Revised Code Section 2107.63, termination or complete revocation of the receiving trust before death invalidates the gift to its trustee under that provision. Your attorney can coordinate replacement documents and backup instructions.

Make Sure Your Will and Trust Work Together

A trust agreement, asset ownership, and beneficiary designations all affect how property passes after death. A pour-over will helps address gaps, but the documents need to work together.

Charles Bendig Law helps Ohio individuals and families with wills, living trusts, and probate matters.

To discuss creating a trust-based estate plan or reviewing an existing one, contact attorney Chuck Bendig or call (614) 878-7777.

Chuck Bendig, Esq

I'm Chuck Bendig,

"For 40+ years, I've served Ohio residents. My private practice spans family law, estate planning, and personal injury cases. My commitment is rooted in genuine care for the individuals I serve."

Let's talk.
man shaking hands with a nurse and a man in a suit behind him

Why “Minor” Car Accidents Can Still Cause Real Injuries

Get a Consultation Today
Book Appointment

(614) 878-7777

Email Us

Tap to text

  • Follow

Estate and Probate

Wills & Will Contests

Probate

Trusts

Power of Attorney

Family Law

Child Custody

Child Support

Divorce

Father's Rights

Personal Injury

Car Accident

Workplace Injury

Wrongful Death

The content of this website is for informational purposes only; users should not rely on the content as advice but should consult a lawyer about their unique legal issues. We help clients in Galloway, Lincoln Village, Prairie Township, Grove City, Grandview Heights, West Jefferson, London, and Commercial Point, Ohio, with estate planning, probate, wills and trusts, and personal injury matters. © 2026 Estate Lawyer Bendig | Lawyer Marketing Partner | Sitemap | Privacy