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creating testamentary wills

Daniel Gigiano Reviews Creating Testamentary Wills

Attorney Daniel Gigiano reviews creating testamentary wills in this article.  A will is a document that contains instructions setting forth how a person would like to have his or her probate property distributed upon death.  Creating testamentary wills requires that the person must be at least eighteen years old, of sound mind and not under undue influence.   Creating testamentary wills requires that it be signed and properly witnessed by two people.  Any changes to a will are subject to the same requirements as the original will.  A will is valid as long as it is not revoked, which occurs when a new will is completed.  A will can also be revoked by destroying it with the intention of revoking it.  Mere destruction may not always be valid if there are exact copies of the will in existence.  While probate court generally requires an original will, there are instances when they will accept the use of a copy.  A will usually reduces probate costs in a number of ways.  First, it can waive the bond requirement.  Second, it can grant powers to the executor, reducing the need and additional expense of requesting permission from the court for such actions.  Third, it can prevent the need for the heirs to fix or undue the effects of intestate distribution under Ohio law.  This often occurs when the children give their share of the estate back to their surviving parent (surviving spouse). 

Creating Testamentary Wills Should Be Done By An Attorney 

A will, along with other forms of estate planning, should be drafted and planned by an estate planning attorney.  Many people who try to do it themselves, do not always have their intent carried out.  I wrote in an earlier blog, “Should you use online legal document services?” where the will was invalidated by the court because it was missing valuable information.  Others leave their property to one person to distribute to others.  If that person is in bankruptcy at the time of death, all will be lost.  There are numerous other unintended consequences that can occur.  An experienced “will lawyer” can guide you through these situations in helping you to distribute your property in the manner which you intended.  Many attorneys only charge a few dollars more than these online legal document companies.  Therefore, the real answer to “how do you make a will” is to get the assistance of a professional. 


Attorney Daniel Gigiano.  Experience.  Knowledge.  Guidance. 


Attorney Gigiano is your experienced Wadsworth will drafting attorney, serving Medina County, Summit County, Wayne County and surrounding counties.  If you have questions about this or other questions you need answered by an experienced Wadsworth estate planning lawyer in Medina County, please call Attorney Daniel F. Gigiano at 330-336-3330.                  

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