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?”

August is National Make a Will Month

estate planning documents august

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”

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?”

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”

Blast From The Past: NEW YEAR’S RESOLUTION: MAKE A WILL

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: With a new year upon us, it is always good to set an attainable New Year’s resolution.  With that in mind, we look back on an Estate Planning blog article from January 5, 2019.  According to a Caring.com survey, only 42 percent of adults have even a simple will, and for those with minor children, the statistic is even worse-only 36 percent.  Estate Plans should also be reviewed occasionally to determine if updates are needed. Don’t put it off any longer.  For the sake of your loved ones, put an effective estate plan in place.

A Simple Will Will Provide You With Benefits Many Years Down The Road

estate planning simple will new years resolutionIt’s that time of year when best intentions are set forth and New Year’s resolutions are made.  However, according to U.S. News and World Report, by February over eighty percent of those resolutions have been broken.  For many, it is time to make a very important resolution that is easy to keep and will provide benefits for years to come.  Make a will.

Many of us have heard or read lately of some of the celebrities who have died with large estates and no estate planning, creating headaches … Read More... “Blast From The Past: NEW YEAR’S RESOLUTION: MAKE A WILL”

Estate Planning and Digital Assets in Ohio

digital assets estate planning

Who Can Access Your Digital Assets In The Event Of incapacitation or Death? RUFADAA In Ohio Explained.

digital assets estate planning

Whether it be on-line bank accounts, social media accounts, e-mail accounts, etc., most people today have digital assets. When one becomes incapacitated or deceased, how does a fiduciary gain access to this information? First, one must become familiar with the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).

Ohio, like a number of states has adopted RUFADAA. To read ORC Section 2137.01, click here. RUFADAA defines “digital asset” as an electronic asset to which a person has a right or interest.  The extent to which a fiduciary has access to this information is determined under RUFADAA as follows:

First – The account custodian may have an on-line tool through which the user has provided direction as to the extent digital assets can be revealed to third parties.

Second – If number one does not apply, the owner can designate in estate planning documents (POA, Will, Trust) who can access this information and to what extent.

Third – If neither one nor two apply, the account custodian’s terms of service apply.

Fourth – If the terms of service do not address

… Read More... “Estate Planning and Digital Assets in Ohio”

NEW YEAR’S RESOLUTION: MAKE A WILL!

estate planning will new years resolutions

Estate planning does not necessarily have to be complicated or confusing!

Most Adults Have No Estate Plan, Nor A Simple Will According To Study

estate planning will new years resolutionsIt’s that time of year when best intentions are set forth and New Year’s resolutions are made. However, according to U.S. News and World Report, by February over eighty percent of those new year’s resolutions have been broken. For many, it is time to make a very important resolution that is easy to keep and will provide benefits for years to come. Make a will.

Many of us have heard or read lately of some of the celebrities who have died with large estates and no estate planning, creating headaches and confusion for their loved ones-celebrities such as Prince, Aretha Franklin and Michael Jackson, to name a few.

However, even those with more modest estates need estate plans to ensure that their savings are passed on to those that they intend. Surprisingly, or maybe not surprisingly, most adults have no estate plan whatsoever, not even a simple will.

Only 40 Percent Of Adults Have A Will Or Trust

According to AARP, citing a study by Caring.com, only 40 percent of adults have a … Read More... “NEW YEAR’S RESOLUTION: MAKE A WILL!”

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