Not All Wills are Created Equal
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Not All Wills are Created Equal

March 31, 2015

Nowadays, most people are generally familiar with the purpose of wills. But what many people don’t realize is that there are several different types of wills, and that the type of will left can have an impact on how the probate process plays out:

Attested will: This will requires the signature of a witness who can “attest” to the fact that the testator wrote the will and was of sound mind when doing so. This attestation is made under penalty of perjury. Two or three disinterested witnesses (witnesses who do not stand to bene­ t from the will) must be present when the will is executed.

Pour-over will: This will is made in conjunction with a trust. If a person dies and currently has assets that aren’t included in the trust, a pour-over will ensures that those assets are transferred (“poured over”) to the trust and distributed by the trust’s terms. If a person with a trust dies without a pour-over will, those assets outside the purview of the trust will be distributed by state law quite possibly in a way the decedent did not intend.

Holographic will: This is a will handwritten by the deceased, in totality, and must be signed, dated, and legible. It does not require witnesses or notarization. The executor must produce a witness who can vouch that the writing is that of the testator. These wills cause numerous probate problems and have a much greater chance of being contested.

Statutory will: This will is a preprinted, ­fill-in-the-blanks document. It is a form of attested will and is signed in front of at least two witnesses.

It is important that you set up a will that fits your individual circumstances. Call our office if you have questions or need help.

Contact Attorney Richard A. Pignatiello Today

We invite you to contact the Ohio law office of Richard A. Pignatiello at 216-524-1000 to schedule a free, initial consultation with our lawyer regarding your legal needs. We return phone calls within 24 hours. In addition to our regular office hours, evening and weekend appointments are available upon request. We offer payment plans.

The law office of Richard A. Pignatiello is based in Seven Hills, Ohio. We represent clients throughout the cities of Independence, Bedford, Parma, Brecksville, Broadview Heights, North Royalton, Strongsville, Berea, Middleburg Heights, and Valley View, as well as Cuyahoga County and Medina County.

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