Is a Handwritten Will Valid in Ohio?

September 27th, 2024

When planning your estate, one of the most important documents you'll create is your will. This legal document outlines your final wishes and how you want your assets distributed after you pass away. While most people think of a will as a formal document drafted by a lawyer, you might be surprised to learn that a handwritten will, also known as a holographic will, can be legally recognized in some cases. But what about Ohio? Is a handwritten will legal in Ohio, and are handwritten changes to a will legal? Let’s explore the details.

Can You Write Your Own Will in Ohio?

In Ohio, a handwritten will is legal under certain conditions. A handwritten will can be valid as long as it meets specific legal requirements. Ohio law requires all wills (including handwritten ones) to be signed by the testator, and witnessed by two individuals who are not beneficiaries of the will.

While it may seem simple to grab a pen and paper to jot down your final wishes, the state of Ohio takes the validity of wills very seriously. The reason for these strict requirements is to ensure that the will accurately reflect… Read More

Does Your New Will Invalidate Your Old One?

July 29th, 2024

Creating a will is one of the most crucial steps in estate planning, as it ensures your final wishes are honored after you pass away. As life changes, however, you’ll likely need to update your will. So, what happens to the old will when you make a new one? Does your new will invalidate your old one? Let’s explore how this process works and what steps to take to ensure your new will is valid and effective.

Understanding Will Revocation

When you create a new will, you generally intend for it to replace any previous wills. In legal terms, this is called "revocation." But does your new will automatically invalidate your old one, or is there something specific you need to do to make sure the old will is no longer valid?

Does Your New Will Invalidate Your Old One?

Yes, a new will typically invalidates an old one. When you create a new will, it usually includes a clause that explicitly states that all previous wills are revoked. This clause is important because it clearly indicates your intention to cancel any former wills. Without this revocation clause, confusion or legal challenges can arise regarding which will is the valid one.

Is an O… Read More

How to Protect Your Child’s Inheritance From Their Spouse

May 29th, 2024

We all hope that when our children marry, their spouses will become a part of the family forever. Of course, experience tells us that that is not always the case. Sometimes there is friction between a person’s parents and their new spouse. Sometimes even marriages that seemed promising don’t work out. Many parents, especially those with significant wealth, want to ensure that their child’s inheritance is protected from their spouse.

If you’ve ever thought to yourself about a son- or daughter-in-law, “They’ll get my money over my dead body,” you might actually be right. Let’s talk about child inheritance protection, whether or not your child divorces their spouse.

How Can Your Child’s Spouse Get Their Inheritance?

There are three ways that your child’s spouse might get their hands on your child’s inheritance: during their marriage, in a divorce, or in the unfortunate event of your child’s death. Before talking about how to avoid those outcomes, let’s examine how they might come about.

In Ohio, inherited assets are generally considered the property of the person who inherited them, not of the spouse. That’s the good news:… Read More