Legal Question in Wills and Trusts in Ohio
wills
My uncle from Ohio recently drafted a ''will'' of sorts, which outlines his assets, ownership of properties, and it also names my father (his brother) as the POA. My uncle did not consult with an attorney, nor did he have these papers notarized or witnessed. Will this be valid?
2 Answers from Attorneys
Re: wills
For a will to be valid in Ohio, it must be signed by the testator on the bottom (after the last dospositive paragraph), contain a declaration that it is his Last Will and Testament, and be signed the the presence of at least 2 adult witnesses. A POA declaration has no validity, as a POA cannot operate after the testator's death.
Re: wills
In Ohio, a will must be witnessed by TWO competent witnesses, or be notarized. I'm not sure what your uncle tried to do, since it does not seem that he instructed how the property should be divided among any heirs. Also, make sure he knows the difference between an POA and a Durable POA. Again, I'm not sure what he intended to do, but a POA may not be enough.
If you have any more questions please feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
