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Ohio Last Will and Testament for Divorced Person Not Remarried with...

Ohio Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Category:

Wills - For People with Children

State:

Ohio

Control #:

OH-WIL-01400

Format:

Instant download

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Understanding this form

This Last Will and Testament is specifically designed for divorced individuals who have not remarried and have both adult and minor children. Unlike standard wills, this form includes provisions for appointing a personal representative, specifying property distribution, and establishing a trust for the minor children. It is essential for ensuring that your wishes are honored regarding the distribution of your assets after your passing.

Key parts of this document

Appointment of a personal representative or executor
Distribution of assets among adult and minor children
Establishment of a trust for the specific benefit of minor children until a designated age
Specification of specific bequests to chosen beneficiaries
Instructions for signing and witnessing the document

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Common use cases

This form is appropriate when a divorced individual without a current spouse wants to outline how their estate should be distributed among their children upon their death. It is crucial if the individual wishes to ensure that minor children are cared for financially through a trust until they reach a specified age.

Intended users of this form

Divorced individuals who have not remarried
Parents with both adult and minor children
Anyone wanting to specify their wishes for asset distribution post-death
Individuals looking to protect their minor childrenâs inheritance through a trust

How to prepare this document

Enter your personal information, including name and county of residence.
Detail the names and birth dates of all your children.
Specify any specific property you wish to bequests to individuals.
Designate a trustee for your minor children's share of the estate.
Sign the will in the presence of two unrelated witnesses and a notary public, if required.

Does this document require notarization?

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

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Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Common mistakes

Failing to include all children or excluding minor children from asset distribution.
Not signing the will in front of the required witnesses.
Neglecting to complete the self-proving affidavit if applicable.
Not clearly specifying the terms of the trust for minor beneficiaries.

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Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Who may make will: Any person of the age of eighteen years, or over, of sound mind and memory, and not under restraint, may make a will. § 2107.02

Method of making will. Every last will and testament shall be in writing, but may be handwritten or typewritten. Such will shall be signed at the end by the party making it, or by some other person in such party's presence and at his express direction, and be attested and subscribed in the presence of such party, by two or more competent witnesses, who saw the testator subscribe, or heard him acknowledge his signature. § 2107.03

Number of Witnesses: Two or more. § 2107.03

Agreement to make a will. No agreement to make a will or to make a devise or bequest by will shall be enforceable unless it is in writing. Such agreement must be signed by the maker. § 2107.04

Incorporation by reference. An existing document, book, record, or memorandum may be incorporated in a will by reference, if referred to as being in existence at the time the will is executed. § 2107.05

Deposit of will. A will may be deposited by the maker, or by some person for the maker, in the office of the judge of the probate court in the county in which the testator lives. § 2107.07

Delivery of deposited will. During the lifetime of a testator, the testator's will, deposited according to law, shall be delivered only to him, to some person authorized by him by a written order, or to a probate court for a determination of its validity when the testator so requests. After the testator's death, the will shall be delivered to the person named in the indorsement on the wrapper of the will, if there is a person named who demands it.§ 2107.08

Witness a devisee or legatee. If a devise or bequest is made to a person who is one of only two witnesses to a will, the devise or bequest is void. The witness shall then be competent to testify to the execution of the will, as if the devise or bequest had not been made. § 2107.15

Revocation of will. A will shall be revoked in the following manners:
(1) By the testator by tearing, canceling, obliterating, or destroying it with the intention of revoking it;
(2) By some person, at the request of the testator and in the testator's presence, by tearing, canceling, obliterating, or destroying it with the intention of revoking it;
(3) By some person tearing, canceling, obliterating, or destroying it pursuant to the testator's express written direction;
(4) By some other written will or codicil, executed as prescribed by this chapter;
(5) By some other writing that is signed, attested, and subscribed in the manner provided by this chapter.
(6) Other methods as provided by law. § 2107.33

Divorce. If after executing a will, a testator is divorced, obtains a dissolution of marriage, has the testator's marriage annulled, or, upon actual separation from the testator's spouse, enters into a separation agreement pursuant to which the parties intend to fully and finally settle their prospective property rights in the property of the other, whether by expected inheritance or otherwise, any disposition or appointment of property made by the will to the former spouse or to a trust with powers created by or available to the former spouse, any provision in the will conferring a general or special power of appointment on the former spouse, and any nomination in the will of the former spouse as executor, trustee, or guardian shall be revoked unless the will expressly provides otherwise. Property prevented from passing to a former spouse or to a trust with powers created by or available to the former spouse because of revocation by this section shall pass as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse shall be interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they shall be deemed to be revived by the testator's remarriage with the former spouse or upon the termination of a separation agreement executed by them. § 2107.33

Subsequent marriage. A will executed by an unmarried person is not revoked by a subsequent marriage. § 2107.37

Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Who may make will: Any person of the age of eighteen years, or over, of sound mind and memory, and not under restraint, may make a will. § 2107.02

Number of Witnesses: Two or more. § 2107.03

Deposit of will. A will may be deposited by the maker, or by some person for the maker, in the office of the judge of the probate court in the county in which the testator lives. § 2107.07

Subsequent marriage. A will executed by an unmarried person is not revoked by a subsequent marriage. § 2107.37

Ohio Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

This form is part of a form package!

Understanding this form

Key parts of this document

Related forms

Common use cases

Intended users of this form

How to prepare this document

Does this document require notarization?

Get your form ready online

Common mistakes

Benefits of using this form online

Looking for another form?

Viewed forms

Form popularity

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