When a loved one passes away, navigating their death can be incredibly difficult, especially when you are responsible for handling their estate. Unfortunately, however, matters may be made even more complicated in the event that a Will cannot be located. This can cause extreme stress in what is already an unimaginable time for many. As such, if you are planning your estate, taking the time to understand what will happen if your Will is lost or cannot be located after your passing and how to avoid this issue is critical. The following blog explores what you should know about these matters, including the importance of working with a Medina County, Ohio Will preparation lawyer to assist you during this process.
What Happens if a Will Cannot Be Found in Ohio?
In the event you pass away and your will cannot be located, it is critical to understand what will happen. Generally, your loved one will begin looking for the document around your home, such as in a lock box or filing cabinet. In the event it cannot be located, they may contact your attorney to see if they have retained a copy of the document. Your loved one may even have to contact the Probate court, as some individuals file the Will with the Probate court before passing for safekeeping.
In the event that no Will can be located, the court may begin Probate. This is the process in which the court oversees the distribution of your estate to your Beneficiaries, in accordance with your Will. However, when no Will can be located, the court will distribute assets in accordance with the Ohio Intestacy Laws of Succession. This is a hierarchy of how assets will be distributed in the event someone dies without a Will.
There is also a risk that if a Will is found, it could potentially be fraudulent. When the court begins Probate and someone claims to have located a Will belonging to the deceased, the court must cease this process and verify the document. This can prolong the Probate process, meaning your heirs may experience delays in receiving the assets they are entitled to.
How Can I Prevent My Will from Becoming Lost or Misplaced?
As you can see, a lost Will can have a detrimental impact on your estate. Not only can it result in your assets being distributed in a manner that conflicts with our wishes, but it also leaves your Beneficiaries vulnerable and without the support you intended for them. As such, it is imperative to understand the steps you can take to ensure your Will is located following your passing.
First, you should begin by determining safe locations to store your Will. You may decide to keep it in a fireproof and waterproof security box in your home, or keep it in the office of your attorney for safekeeping. As mentioned, you may even decide to file the document with the Probate court prior to your death. It should be noted, however, that you should avoid keeping the document in a bank safety deposit box, as your loved ones may be unable to access it following your death.
In addition to choosing a safe and secure location for your Will, you should inform a trusted individual of where the document is located and access instructions. This includes the contact information of your attorney if the document is stored there, or the PIN for your lockbox to access the document.
As you can see, a lost Will can not only put your wishes at risk, but also your loved ones. That is why it’s in your best interest to connect with an experienced attorney at Krause Law. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you achieve peace of mind for the future. When you need help, our team is here. Contact us today to learn more.
