Estate and Probate Attorney in Cincinnati Ohio » heir http://www.ohioprobateanswers.com Cincinnati Probate Attorneys: Elliott Stapleton, D. Todd Rush, and John Cornetet Thu, 05 Jan 2017 20:48:57 +0000 en-US hourly 1 https://wordpress.org/?v=4.2.39 Notice to the Heirs http://www.ohioprobateanswers.com/opening-estates-with-wills/notice-to-the-heirs/ http://www.ohioprobateanswers.com/opening-estates-with-wills/notice-to-the-heirs/#comments Tue, 29 Mar 2011 08:34:56 +0000 http://032b5f3.netsolhost.com/wordpress/?p=58 Read more]]> In order to give each beneficiary of the will and the heirs at law the opportunity to contest the will, each has to receive a copy of the will by certified mail or must waive notice in writing.  Once all have received notice or waived notice of the filing of the will, the three month will contest period starts.  If the will is not contested within this time period, it is valid.

]]> http://www.ohioprobateanswers.com/opening-estates-with-wills/notice-to-the-heirs/feed/ 0 Filing of the Will http://www.ohioprobateanswers.com/opening-estates-with-wills/filing-of-the-will/ http://www.ohioprobateanswers.com/opening-estates-with-wills/filing-of-the-will/#comments Tue, 29 Mar 2011 08:34:17 +0000 http://032b5f3.netsolhost.com/wordpress/?p=56 Read more]]> The first step to open probate is to file the will.  There is a presumption that the will is valid.  A list of all of the people named in the will and a list of all of the people who would inherit under Ohio Law if the will was contested and found not to be invalid is also filed with the will.  These people have an interest or standing in proving that the will is valid or not depending on which side the heir or potential heir might be on.

To be valid, the will must be:

  • in writing
  • testator must be at least 18 years old
  • testator must be of sound mind and not coerced
  • signed at the end by the testator
  • two witnesses must attest the will

As an example, I am a child of the decedent and have been excluded from my dad’s will.  I file a will contest, because I believe my dad was not competent at the time he signed his will.  If I am successful and the will is thrown out by the Court, then I inherit a share of his estate as an heir at law.

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