MEDINA, OHIO, USA, December 16, 2023 /EINPresswire.com/ — Many beneficiaries have found out the hard way that having a will might not be enough. when they try to sell an inherited property or file a will of a loved one into probate.
“As often as three or four times a week, there are messages on the attorney list serves from Ohio trying to identify which attorney created a will for a recently deceased resident,” explained Christopher M. Greene, attorney in Medina, Ohio. “This is a messy, expensive situation that shouldn’t occur, but unfortunately, happens all too often because just having a will is not enough.”
Having a copy of a will won’t work, it must be an original. Sometimes a will is kept in a safety deposit box or filed at the attorney’s office for “safe keeping.”
What happens when someone outlives the attorney? Or the witnesses who signed it? The next of kin won’t be able to get the copy verified.
Trying to find the attorney of a person who had their will written in the 80’s or 90’s can be difficult at best. If a copy of the will and both of the two witnesses cannot be located, the state of Ohio has determined specific ways that property will be awarded to next of kin based on a boiler plate method, but it generally is not how the deceased may have wanted it.
Sometimes people will create a do-it-yourself type of will without the use of an attorney. The big problem is that they have no way of knowing what is missing because they don’t have the experience of dealing with an estate. Sometimes the do-it-yourself wills won’t specify something as simple as the executor having the ability to sell real estate. At that point the beneficiaries wait months, even years, as things get straightened out. The house stands empty with utilities and taxes and lawn needing to be mowed as the legal trouble gets sorted out.
If a will has not been updated in last 10 years, it may be time for a review. Taking some time to plan and prepare now will save time and money for the next of kin when trying to sell or change ownership.
ABOUT CHRISTOPHER M. GREENE, ATTORNEY AT LAW
Christopher M. Greene is a graduate of Denison University and Case Western Reserve University School of Law. In 2016, Chris established his own law firm, PO Box 1818, Medina Ohio 44258 after serving as general counsel for several years at a local business and working as a law clerk for two northeast Ohio law firms during law school. He enjoys working in estate planning, particularly with millennials who are interested in learning more and with blended families where estate issues often arise if not carefully considered. For more information, call 330-421-6861 or visit the website at www.medinaestateplanning.com.
Christopher M. Greene
Christopher Greene, ATTORNEY AT LAW
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