Blast From The Past: What Happens in Ohio if I Lose My Will?

estate planning documents beneficiary

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on September 24, 2022. Securing an experienced Estate Planning lawyer is EXTREMELY important! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool to find the help you are seekjng.

A Lost or Destroyed Will Can Be Submitted To Probate…Under Certain Circumstances

estate planning documents beneficiaryWe strongly suggest that our clients protect all of their original estate planning documents by keeping them in a fireproof container. This includes their Last Will and testament. However, what happens if a will is somehow lost or destroyed?

A lost, spoiled or destroyed will can be admitted to probate under certain circumstances. The question becomes did the testator intentionally destroy the will, which makes it null and void or was it unintentionally lost or destroyed which makes it still valid. The law in Ohio used to be that if a will could not be found, the assumption was that it was intentionally destroyed as a way of revoking it. This assumption no longer exists.

Keep your Original Estate Planning Documents in a Safe Place

Upon applying to admit a lost or … Read More... “Blast From The Past: What Happens in Ohio if I Lose My Will?”

What Happens in Ohio if I Lose My Will?

estate planning documents beneficiary

A Lost or Destroyed Will Can Be Submitted To Probate…Under Certain Circumstances

estate planning documents beneficiaryWe strongly suggest that our clients protect all of their original estate planning documents by keeping them in a fireproof container. This includes their Last Will and testament. However, what happens if a will is somehow lost or destroyed?

A lost, spoiled or destroyed will can be admitted to probate under certain circumstances. The question becomes did the testator intentionally destroy the will, which makes it null and void or was it unintentionally lost or destroyed which makes it still valid. The law in Ohio used to be that if a will could not be found, the assumption was that it was intentionally destroyed as a way of revoking it. This assumption no longer exists.

Keep your Original Estate Planning Documents in a Safe Place

Upon applying to admit a lost or destroyed will, the court will set the matter for a hearing. Certain individuals must be notified of the hearing, Those include any surviving spouse, anyone named as a beneficiary under the will, anyone who would be a beneficiary  if the decedent had died without a will and anyone who would have been a beneficiary under … Read More... “What Happens in Ohio if I Lose My Will?”