Whether you are worried about finding the time to meet with an attorney or are worried about the price, you may decide that handwriting your Will is an ideal option for your circumstances. However, before you grab a pen and notebook, it’s important to understand if this is even legal in Ohio. If you are interested in creating a handwritten Will, the following blog explores what you should know about whether or not it will be accepted upon your passing and the risks associated with this option. Additionally, you’ll discover why working with a Medina County, Ohio Will preparation lawyer is in your best interest.
Are Handwritten Wills Legal in Ohio?
In the United States, a handwritten Will is formally recognized as a Holographic Will. Any time a document is written entirely by hand rather than typed, it is considered to be holographic.
Handwritten Wills are not legal in a number of states unless certain criteria are met, such as creating the Will in a state that recognizes them. However, in Ohio, handwritten Wills are legally valid, provided you have at least two witnesses present during the creation of the document.
What Are the Risks of Creating a Handwritten Will?
While creating a handwritten Will may seem like an easy way to save time and money, it can actually cost you big time in the long run. Unfortunately, many who pursue this option are unfamiliar with the state-specific criteria for their estate plans, meaning you’re likely to make mistakes in the language used in your document that can invalidate portions of, if not the entire document.
Additionally, you may find that issues can arise if your Beneficiaries or anyone else with a vested interest in your estate raises concerns about the document. You may find that they have questions regarding whether or not you understood the terms and conditions you were including due to the complex nature of these documents. Additionally, you may find that if your handwriting is unclear, it can cause confusion regarding how certain assets are distributed.
If your Will has been deemed invalid by the court for any reason, you will generally be considered to have died Intestate. Essentially, this means that you have passed without a Will, and the state of Ohio will take control of your estate. As such, they will distribute your assets in accordance with the Ohio Intestate Laws of Succession, meaning your assets will be distributed according to predetermined laws.
As you can see, creating a Will is incredibly important. However, if you fail to do so correctly, it can cost you big time in the long run, meaning the assets you’ve worked hard to procure can be distributed in a way that contradicts your wishes. That is why it’s best to connect with an experienced attorney at Krause Law to discuss your circumstances and concerns. When you need help, our firm is here. Contact us today to learn how we can assist you.
