Ohio Will Attorney

Do I need a will?

The short answer is, yes, it is best practices for you and your loved ones to prepare a Will. A Last Will and Testament is one of the most important legal documents a person can create during his or her lifetime.

When a person dies with a Will they are said to have died “testate” and the terms and conditions of the Will determine how and to whom the person’s assets will be distributed. If a person dies without a Will they are said to have died “intestate” and estate laws will determine how and to whom the person’s assets will be distributed. The costs of dying “intestate” can be significantly more than having a Will that is well thought-out

Schedule a Free Phone Consultation

Requirements for a Valid Ohio Will

The validity of an Ohio Will is codified in Ohio Revised Code, Title 21, Sections 2107.02 through 2107.15, which states in relevant part:

1. Any person eighteen (18) years of age, or a minor lawfully married, and of sound mind may make a Will. (See: Section 2107.02) “Sound mind” generally means someone who has not been deemed incompetent in a prior legal proceeding.

2. A Will must be in writing, signed by the testator and by two witnesses. If the testator cannot physically sign his name he may direct a witness or another party to do so. Each witness must sign the Will in the testator’s presence. (See: Section 2107.03)

Testimonials

“We hired Dirken Winkler to settle the estate of a family member who lived out-of-town. We wanted him to handle all aspects of the estate with minimal demands on our family. Dirk did so in an efficient and comprehensive manor. We were well informed of progress and requests for information were clear and concise. We are very happy with the way the estate was handled by Dirk and his assistant Heather.”
-Ken

3. No person under eighteen (18) years of age shall witness a Will. (See Section 2107.06) Although, beneficiaries under the Will may sign as witnesses, it is not recommended because it may adversely affect the beneficiary’s inheritance under the Will. It is recommended that only “disinterested individuals” (not a beneficiary in the Will) witness the Will. Ohio does not currently allow a Will to be self-proven.

What is a Will Contest?

Sometimes the validity of a person’s Will becomes an issue. The validity of a Will can be challenged when it is believed that the testator (the person whose Will is in dispute) was coerced, under duress or was not legally competent to make the Will.

Will contests can result in protracted litigation and often times depletes the estate’s assets, not to mention, strain family relationships. One way testators can dissuade a beneficiary from filing a Will contest is to have a “no contest” in the Will to automatically divest any beneficiary that files a Will contest. Should you be facing a Will contest, or think a Will was not properly entered into, please contact Winkler Legal Services, LLC to further discuss your situation.  

“The team at Winkler law is dependable, patient, kind and willing to walk the extra mile along side of you. I will always be thankful for the care and council we received from this staff!”
-Fadia

“Dirk was a tireless advocate for me. He provided me with rational guidance that put me in a great position for an ultimate favorable outcome. Dirk helped me take a step back and take the emotion out of my decision making so that I can make the best possible decisions.”
-Joe

Helpful Resources (Videos/Articles)

Practice Areas

  • Medicaid and Nursing Home Planning
  • Probate and Estate Administration
  • Estate Planning Services
  • Special Needs Planning
  • VA Benefits Planning
  • Step Parent Adoption

Learn More

  • FAQ
  • Seminars and Trusted Resources

Contact Us

Winkler Legal,LLC
490 City Park Avenue
Columbus, OH 43215
Phone: 614-461-5708
Fax: 614-444-5188

© 2019 Winkler Legal, LLC. All rights reserved.

Disclaimer – Privacy Policy – Communities We Serve

Site Created by Opanova, LLC