Full question:
My father recently passed, he lived in Girard, Ohio. I have a copy of his Last Will and Testament which he prepared in1998 in the state of Minnesota. I am named as sole heir. Although he lived in Ohio, he also had property in Minnesota and his car was registered there. We can not find the original copy of the will but have the attorney and witness names on the copy. My question is: Will the state of OHIO recognize a copy as is or do I need to get some type of certificate from the attorney in Minnesota to verify that he did prepare the will. Also since he lived most of the year in Ohio (9 or more months) a year does that qualify him as a resident even though he may be a registered voter in Minnesota.. Thank you with this matter, we live in Georgia and have appointed an attorney in Ohio but he sems to be very vague with these questions.
- Category: Wills and Estates
- Date:
- State: Ohio
Answer:
Determining a person's residency involves understanding where they consider their permanent home. A person can only have one domicile at a time. This is important for probate matters, tax assessments, and legal proceedings.
In Ohio, a will executed in another state can be probated under certain conditions. According to Ohio law, authenticated copies of wills from other states can be admitted to probate if they comply with the laws of the state where they were executed (Ohio Rev. Code § 2129.05). This means that your father's will, even as a copy, may be valid if it meets these requirements.
If you cannot find the original will, you can contact the probate court where your father lived to see if it was deposited there. You might also reach out to the attorney who prepared the will for any records or information. If the original will is lost, Ohio law allows for a lost will to be admitted to probate if you can provide clear and convincing evidence of its existence and contents (Ohio Rev. Code § 2107.26).
As for residency, living in Ohio for nine months or more typically qualifies someone as a resident, despite their voter registration in Minnesota. The key factor is where your father intended his permanent home to be.
If you have further questions, it's advisable to consult with your attorney in Ohio for guidance tailored to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.