Recently, a client consulted with our office for assistance to administer the estate of her late sister. The client’s sister had prepared a Last Will & Testament herself without the assistance of an attorney.
Upon examination of the sister’s Last Will & Testament, it was discovered that the sister’s Last Will & Testament was not properly executed pursuant to Ohio law. Specifically, the client’s sister signed her Last Will & Testament before a notary public. A notarization of the sister’s signature on her Last Will & Testament did not create a valid Last Will & Testament.
Ohio law required that the sister sign her Last Will & Testament in the presence of two (2) witnesses, who must also sign as witnesses to the sister’s execution of her Last Will & Testament in the presence of each other. By the sister’s failure to execute her Last Will & Testament in the presence of two (2) witnesses, the sister’s Last Will & Testament was invalid.
That’s not the end of the story. The client's sister had made provisions in her Last Will & Testament to leave her estate to the client and the client's husband for their assistance, both personally and financially, to the sister provided for a number of years. Unfortunately, due to the fact that the sister’s Last Will & Testament was invalid, the sister’s estate must now be distributed among all of the sister’s siblings. Therefore, the sister’s goal to provide for the client and the client’s husband will be unsatisfied.
The moral of this story is that the wishes of the client’s sister could have been satisfied by the sister consulting with an attorney and having a Last Will & Testament prepared and executed in the correct manner required by law. The expense the client’s sister would have incurred for attorney fees to have a Last Will & Testament properly prepared by an attorney would have been minimal compared to the additional expenses that shall be incurred to administer the sister’s estate with an invalid Last Will & Testament.
This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: (513) 631-0022.
