Unfortunately, many are hesitant to create a Will for a number of reasons, whether it be the time associated with creating a will or the fact they assume this is an expensive process. If this reflects your sentiment, you may assume the easier way to create a Will without the cost is to handwrite your own. However, before you create your own Holographic Will, you’ll want to read this blog. You’ll discover more about this option if it’s honored in Ohio, and why working with a Medina County, Ohio Will preparation lawyer is in your best interest.
How Does a Holographic Will Work, and Does Ohio Recognize Them?
A Holographic Will is an estate planning tool in which the Testator, or creator, writes their entire Will by hand as opposed to typing it up with legal assistance.
It’s important to understand that not all states recognize these wills. However, in Ohio, if you have two witnesses, the courts will honor them. Unfortunately, though, there are still many issues with these estate planning tools.
Holographic wills are much more likely to be contested in court. Your Beneficiaries or others with a vested interest in your estate may challenge the document’s validity as they may argue you didn’t fully understand the terms and conditions you were writing due to the complex legal nature of Wills. Similarly, there may be issues if your handwriting isn’t clear. Finally, the courts may deem your document invalid if there are legal issues with it.
If the courts deem your Holographic Will invalid, it means you will have passed without a will. As such, your estate will be deemed Intestate, meaning the state of Ohio will assume control of your assets and distribute them according to Ohio’s Intestate Laws of Succession. This means your assets will not be distributed in accordance with your wishes but rather according to Ohio’s predetermined system.
What Should I Do If I Want to Plan My Estate?
When you’re ready to plan your estate, ensuring your wishes will be honored is critical. That’s why connecting with an experienced estate planning attorney is critical. Not only can your lawyer help explain your options, but they can assist you in writing your Will to ensure that everything is legally binding. This can help you achieve peace of mind that your Beneficiaries will be cared for upon your passing.
Though it may cost more than creating your own Will, peace of mind is priceless. That’s why working with an attorney from Krause Law is in your best interest if you’re ready to plan your estate. Connect with our team today to discuss your wishes and learn how we can guide you through these complex matters.
