Ohio courts have a presumption that a will is valid, representing the last wishes of the testator who wrote it. As such, courts generally tend to follow the provisions of a will precisely. There are some circumstances, however, under which certain interested parties may wish to challenge either an entire will or a provision contained within an otherwise valid one. Although it can be extremely difficult, it is possible to challenge a will in some cases.
Ohio residents should keep in mind that it is necessary to update their wills as beneficiaries change. Beneficiaries may die or leave the family due to divorce, or new beneficiaries might be born. If a will is not updated, it could result in some people who the testator no longer wished to include as heirs inheriting property while others receive nothing.
If any resident of Ohio expects to assume the responsibility of being a guardian for a child or disabled or incompetent adult, it is important for he or she to understand the appointment process. Probate courts make the final decision on which individual, corporation or association assumes the legal responsibility of taking care of an individual's estate and/or personal affairs, but it is possible for individuals to nominate themselves and others for the role of guardian.
As some Ohio residents already know, living trusts are growing in popularity around the United States. Some of the reasons for this are that they allow for great flexibility and that they may avoid probate in the future.