Estate and Probate Attorney in Cincinnati Ohio » ohio law

Filing of the Will

admin — Tue, 29 Mar 2011 08:34:17 +0000

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.

What Is a Last Will And Testament?

admin — Tue, 29 Mar 2011 08:23:14 +0000

A last will and testament is a legal document that identifies where your assets go once you have passed away. There are three main questions answered in a will. First, what happens to your assets when you die? Second, who is the executor of your estate? Third, who will be the legal guardians for your minor children?

In your will, you can identify where your property goes upon your passing. You can be specific as to which assets passes to which beneficiary. For example, “I want my house on Main Street to go to my brother, Steve”. You can also be general as in “The remainder of my estate shall be distributed equally to my two children”. You can create second levels of beneficiary such as “I want my Procter and Gamble stock to go to my sister, Betty if living and if not to my nephew, Tom”.

The executor named in a will is the person or entity that will conduct business on behalf of your estate. They are appointed by the Probate Court and will have legal authority to sell you assets, pay your bills, file your taxes, and to make distributions as indicated in your will. The executor can be a person like your spouse, child, or brother. The executor can also be a bank or Trust company. The executor has a fiduciary duty to follow the terms of your will and Probate Court supervises the process.

The guardian named in your will becomes responsible for your children who are under the age of 18. The guardian exercises parental control and has the same parental power as if they were in fact the parent. In Ohio you may name a parent, sibling, or friend not related to you or the child. Ohio allows out of state guardians to be appointed.

Disclaimer

admin — Tue, 29 Mar 2011 08:02:09 +0000

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