The will is lost, not found

By Beth Newcomb

If you had to find your will right this minute, would you know exactly where to look? Would your family?

“We’ve been getting a lot of calls from family members who can’t locate a parent’s original will,” says Jay Nabors, a Cleveland-based attorney who focuses on estate planning. “The problem is the court won’t accept a copy. If we try to go to probate without the original, there’s a special procedure that has to be followed to get the court to accept the copy. The person trying to get the copy admitted into court has to be able to prove the will is valid. That includes finding the people who witnessed the signing of the will and having them appear in court under oath. It can be time consuming and end up costing extra money.”

Jay says another troubling scenario is if mom or dad become incapacitated and the kids can’t find the original power of attorney for healthcare or finances. So, for example, if the kids need to sell their parent’s house in order to pay bills or dispose of property, they won’t be able to without the original power of attorney. “The county requires the original POA be recorded,” Jay says. “And, with the pandemic, there is an extra problematic layer because right now we’re doing everything by Zoom.”

Jay suggests making sure you have easy access to your original estate documents, and you tell your family members where they can gain access. If your documents are outdated or you can’t locate them, now is a perfect time to get your affairs in order.

Jay is a partner with Weston Hurd LLP. Typically he sees clients at the firm’s office in downtown Cleveland, in addition to meeting with clients in Strongsville upon request. Virtual meetings, house calls and select evening appointments are available.

To reach Jay Nabors of Weston Hurd LLP, call him directly at 216-687-3205. His office is located at 1300 E. 9th Street, Suite 1400 in downtown Cleveland. Jay can also meet clients at 11221 Pearl Road in Strongsville.