estate planning documents Archives - Ohio Family Law Blog

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

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

We 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?”

August is National Make a Will Month

Simple Estate Planning Documents can make things easier for one’s loved ones upon Death or Incapacitation

August has been designated National Make a Will Month to encourage more people to make a last will and testament. Creating a will is a simple and easy process that allows you to clarify how your assets should be distributed upon your death. Despite that, over 40 percent of adults have no estate planning documents in place. For younger adults, this number is much higher. Also, many individuals who have estate planning documents fail to update them when life changes dictate that they should do so, such as when people die, children or grandchildren are born or minor children become adults.

Lack of a proper estate plan can be due to procrastination, lack of proper information or a desire not to want to contemplate or discuss one’s mortality. However, having some basic and simple estate planning documents prepared can help one achieve peace of mind, as well as making things much easier for one’s loved ones upon death or incapacitation. A simple will, general power of attorney, health care power of attorney and living will should satisfy the needs of most individuals. Estate planning … Read More... “August is National Make a Will Month”

ALERT: Our Law Firm is Going Paperless!

Estate Planning Documents Due To Be Shredded At Our Law Firm

Unwanted Estate Planning Documents Will Be Destroyed In An Effort To Go Paperless. Please Contact Us To Retrieve Original Documents

Holzfaster, Cecil. McKnight & Mues is in the process of reducing the amount of files and paper stored at the firm. Therefore, as part of this process, we are shredding old files, some of which are 20+ years old!

Our primary focus now is reviewing all of our estate planning documents and files and returning the original documents to our clients for safekeeping. We are requesting that all clients who have asked us to hold their original estate planning documents to contact us. We want to make arrangements with clients to retrieve them, or authorize their destruction if they are outdated and newer documents have been executed.

What are estate planning documents? They include documents like your Last Will and Testament, Financial Power of Attorney, Power of Attorney for Health Care, Living Wills, and Trusts. If you had any of these documents prepared at HCM&M and asked us to retain the originals, we are asking if you could get in contact with our office and schedule a time … Read More... “ALERT: Our Law Firm is Going Paperless!”

Have You Recently Relocated From Another State? Make Sure to Have Your Estate Planning Documents Reviewed

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Are My Estate Planning Documents Still Effective If I Move To Another State?

Have you recently moved from another state or are you planning a move? One of the first things you should ask yourself is “Are my estate planning documents still valid and effective?” The first question can be answered more simply that the second question.

If you move to another state, technically if a will or trust were legally valid in the state in which they were executed, they should still be legally valid. Most state have laws that specifically state that a will is legally valid if it was legally valid in another state in which it was executed. A trust validly executed in one state should not be questioned in another state. What is controlled by those documents may differ though. Community property state and non-community states may treat what each of you and your spouse own differently. Also, states may differ in what a surviving spouse is entitled to by law and what a surviving spouse’s rights are by law regardless of one’s estate planning documents.

Power of attorney documents are even more questionable. Here in Ohio, a general durable power of attorney … Read More... “Have You Recently Relocated From Another State? Make Sure to Have Your Estate Planning Documents Reviewed”

Can I Complete My Ohio Estate Planning Documents Remotely During COVID-19?

Ohio Wills Cannot Be Completed Through Remote Technology, But What About Other Ohio Estate Planning Documents?

More individuals are focusing on estate planning during the pandemic, but people are also more concerned about venturing out during these unusual times. A question that is coming up often is whether one can complete their Ohio estate planning documents remotely through Zoom or some other software. The answer is yes and no. Some ohio estate planning documents only need to be notarized to be valid and remote notarization is now available here in Ohio.

A general durable power of attorney in Ohio only needs a notarization to be valid. Ohio health care documents (livings will and durable power of attorney) need either two disinterested witness signatures or a notarization to be valid. A document related to the transfer of real estate such as a deed or transfer on death affidavit needs to be notarized. However there is a fair amount of a technological learning curve if one wants to try to get documents notarized remotely. There is also a separate charge involved for the service.

Last Will and Testament Must Still Be Completed In Person

What about a last will and testament … Read More... “Can I Complete My Ohio Estate Planning Documents Remotely During COVID-19?”

My Child Just Graduated High School. What are the Estate Planning Considerations?

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Basic Estate Planning Documents For the Just-Turned 18 Year Old. Is it necessary?

High School graduation is a culmination of one’s academic accomplishments at a scholastic institution. It is also usually a time of change. Upon graduation, one’s life is going to change and progress into another phase. It may also be a time of change when it comes to estate planning documents, both when it comes to the graduate and the graduate’s parents.

Parents are considered by law the natural guardians of their minor children. Minor children are those under the age of 18. Therefore, those under the age of 18 have no great need for estate planning documents . However, what happens when one reaches the age of 18? He or she is now a legal adult and the parents no longer have a legal right to speak on behalf of or act on behalf of the child. Therefore, when a child becomes a legal adult, one should strongly consider basic estate planning documents for the child.

Documents for the 18 Year Old to Consider:

A power of attorney for health care and possibly a living will in addition would allow the parent to speak for the … Read More... “My Child Just Graduated High School. What are the Estate Planning Considerations?”