Under Ohio Law, a Will, or a modification of a Will, known as a Codicil, must meet the same execution requirements. That is, it must be signed by the testator at the end with two individuals witnessing your signature.
Not uncommonly, individual will come into the office with their old original Wills marked up with changes that they want made. The markings can create a big problem. It can effectively invalidate the old will and not having met the execution requirements, not qualify as a codicil, leaving the person with no valid will.
If you want to make changes to your Will, the preferred method is to… Read the rest
There is no requirement that a Last Will and Testament be recorded anywhere once it is made to be effective. Instead, should a probate estate need to be opened upon your death, that is the time when the Will would need to be filed with the probate court in the county where you resided when you died.
Generally, I recommend that a client keep his Will in a fire safe in his home, and ensure that loved ones know where it is and can access when the client passes away.
It is never a good idea to keep the Will in a safety deposit box in the client’s name only because an estate would need to be opened to get access to the… Read the rest
Thankfully, a Last Will and Testament doesn’t go bad due to the passage of time. If the Will was in writing and signed at the end by yourself and witnessed by at least two competent witnesses who saw you sign, then you are in good shape.
The bigger question is whether the Will still reflects your wishes.
Here are some changes that would warrant a review of your Will.
… Read the rest
- Having A Child, Additional Children or Grandchildren: A new child could mean including him as a beneficiary. It could also mean naming a guardian over him or a custodian or establishing a trust to manage his inheritance.
- Marriage or Divorce:
In May 2012, Ohio’s version of the Uniform Power of Attorney Act became effective, which made many older financial power of attorney forms ineffective.
A Financial Power of Attorney gives an individual of your choice the authority to make financial decisions and perform financial transactions on your behalf.
Without an effective Financial Power of Attorney in place, should you become incompetent, a loved one would have apply to become a court appointed guardian to assist you with your finances. The court process to be appointed guardian generally takes a minimum of a month and a half and … Read the rest
Cleveland Elder Law Attorney Elizabeth L. Perla of The Perla Law Firm is scheduled to speak to Westlake Senior Center’s Men’s Group on September 13 at 9am. She will speak about Legal Issues Affecting Seniors. Join Elder law attorney Elizabeth Perla for a discussion on legal issues affection seniors. Bring your questions and get informed!… Read the rest