Legal Question in Civil Litigation in Ohio
will/probate
A person who is not the spouse, but has been residing with the decedent for 9 yrs while the decedent has made numerous attempts without success to divorse the spouse, had been named the beneficiary to the retirement/death benefits and the life insurance policy. The decedent also had a legal will drawn up to assign benefits to others (other than the legal spouse). The spouse is now placing restraining orders on the life insurance and basically fighting everything. The question is, by law does the fact that there is a surviving spouse supercede anything that the deceased has written in a will or any assignment of beneficiary of any kind?
2 Answers from Attorneys
Re: will/probate
Dear Probate Inquirer:
Ohio law provides that a will is the only document, not unlike a contract, which speaks after death, providing for certain disposition of the decedent's assets and estate. A will may be set aside only if the contestant can prove, to a degree of certainty, with clear and convincing evidence, that the decedent was incompetent at the time he or she made (signed) the will.
The contracts of insurance may also not be set aside, or overcome by any action of the contestant, on the same basis.
My advice is retain an experienced Attorney ASAP.
Good luck!
Sincerely,
J. Norman Stark, Cleveland, OH.
Re: will/probate
not necessarily but it will be fought out in probate court.
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