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

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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?”

August is National Make a Will Month

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

estate planning documents augustAugust 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”

Blast From The Past: A Post-Divorce Checklist

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PUBLISHERÂ’S UPDATE: Here is one of my favorites posts about moving forward with a post-divorce checklist from back on August 1, 2020! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Move Forward With These Important Transition Tips

divorce estate planning social securitySo you have are about to finish your divorce case. Now what? While there is a lot of information about divorce and the process itself online, there is much less about the “afterlife”. Presumably you have been considering this day for a long time, and have maybe even obtained some psychological counseling/therapy to help with the post-divorce transition.

Here are some suggestions to help you get moving forward in a positive manner and avoid divorce  paralysis that occurs in many cases.

  1. REVIEW ALL YOUR DIVORCE DOCUMENTS – Don’t just throw the divorce decree and orders in a drawer after the case is over never to see the light of day again. Be sure to make a checklist of all loose ends that are mentioned in the Decree that need to be completed and attended to such as filing quit claim deeds, changing titles
… Read More... “Blast From The Past: A Post-Divorce Checklist”

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?”

Getting to Know the Basics of Medicaid

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65 and Older: Applying For Medicaid In Ohio

medicaid community spouse estate planning long-term health carMedicaid is a federal and state program that provides long-term health care for those age 65 and older who meet certain income and asset requirements. Medicare is a federal health insurance program available for anyone age 65 or older regardless of income or asset level but does not cover long term care. Thus, if a senior needs long term care, they pay for it from their own resources until they reach a level qualifying them for Medicaid eligibility, at which time Medicaid takes over and pays the long-term health care  facility’s bill going forward. The basic rules are as follows. All numbers are Ohio Medicaid figures for 2022.

An individual applying for Medicaid must satisfy an income eligibility test. The applicant’s eligibility must not exceed $2,523 per month. If the applicant is married, the applicant’s spouse’s income is not counted. Also, the non-applicant spouse may be entitled to a minimum monthly maintenance needs allowance (MMMNA). If the applicant would otherwise qualify for Medicaid other than failing the income test, they can set up a qualified income trust (QIT), sometimes known as a “miller’s trust”, whereby the excess income is deposited into … Read More... “Getting to Know the Basics of Medicaid”

ALERT: Our Law Firm is Going Paperless!

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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

estate planning documents paperlessHolzfaster, 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!”

Estate Planning Reminder During American Heart Month

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How Important Can Estate Planning Documents Be For Your Loved Ones? Don’t Let The Courts Decide Who Will Get Your Assets!

estate planning health care last testamentFebruary is often most associated with love, hearts, and Valentine’s Day – it’s lesser known for being American Heart Month – and it’s the perfect time to revisit the importance of estate planning when it comes to preparing your loved ones for the inevitable.

Do you already have estate planning documents? If you do, but it’s been a while since you’ve reviewed or updated them, it may be a good time to visit an attorney to help make sure everything is in order. If you’re new to estate planning , here are the important basic documents you should have prepared to ensure that your wishes are set forth in writing and upheld:

Last Will and Testament

The COVID-19 pandemic generated some of the more recent interest in estate planning, but according to a 2021 Gallup poll, less than 46% of adults in the U.S. have a will, and a majority of those Americans that do are 65 years of age or older. A Last Will and Testament  is a legal outline of how you would like your … Read More... “Estate Planning Reminder During American Heart Month”

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