Portsmouth, OH asked in Contracts, Estate Planning and Probate for Ohio

Q: Is a will valid if the executor is dead and the minor children listed as beneficiaries have since become adults?

About 30 years ago, my father, who recently passed away, created a will listing my grandmother as executor and me as guardian of estate along with my supposed half-brother. My grandmother passed away 13 years ago, I am in my mid 30s, and my supposed half-brother just turned 30. Would his will from 30 years ago be valid or null and void since my grandmother is deceased and the minor beneficiaries listed have since become adults?

2 Lawyer Answers
Moshe Toron
Moshe Toron
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: The will is still valid.

Mark Martin Turner
Mark Martin Turner
Answered
  • Estate Planning Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: Yes, the will is still valid. A new executor would need to be appointed by the probate court and any limitations on transfers to the then minors would have expired.

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