Legal Question in Wills and Trusts in Ohio

Re: Who can be present during Will preparation?

Attorneys, especially those competent in elder law, need to make sure who the client is. Is the client the person for whom the will is being made or is the attorney's client the family? This needs to be explicitly stated.

However, the client has the say as to who can be in attendance during the discussion of the will provisions. Some parents do not want their children to be in the room in order to give them more privacy. Others, and this is usually the case, don't care if the children take part in the discussion. Personally, I do not approve of attorneys "clearing the room" if the client wants family members to participate in the discussion. However, I cannot judge another attorney or what was going through his or her mind. The client should ask why the attorney wants it that way, and if the answer is not satisfactory, the client should find another attorney.

Re: Who can be present during Will preparation?

Generally, anyone can be present during design or execution of a will (or living will). The two witnesses should be competent adults that are not taking anything under the will.

I would guess that the attorney wishes only the client to be in the room so that he/she can be sure the client is not being pressured or influenced by family members to draft the will in any way other than what she wants. This, of course, is just speculation.