Legal Question in Real Estate Law in Ohio

property inheritence

Hello again, you had given me a great reply on previous question, about surviving spouse trns upon death for our home, his will yes, indicates his children, and x wife is canceled out because of dd, now he feels that his life insurance policy will be split with myself and his 3 children (adults), he feels that this life ins. policy will overpower the will, is this true? he feels that I will be able to keep the house, and I have given him all information that you had provided for me previously, and he still is worried that if I divorce him, I'd take his house, that I am contributing towards payment and upkeep, but, all I want to see is that upon death, I would inherit it, it isn't paid for, there is a 30 year loan, therefore, I'm sure his children wouldn't want to deal with it, but, I don't want to challenge it either,,,help!

thx Karen


Asked on 3/03/05, 2:54 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: property inheritence

First of all, a life insurance policy is a non probate asset that is not subject to the will. In other words, the money goes to the beneficiary of the policy. As far as life insurance, the will is irrelevant unless the estate of the decedent is the beneficiary.

If you divorce him, the division of the assets is a completely different situation from a death situation. I suggest that you contact counsel to get more info.

Gregg Manes

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Answered on 3/05/05, 12:20 pm


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