Legal Question in Wills and Trusts in Ohio

Disinherited by husband

My husband and I have been married for five years. He has two daughters in their early thirties from his first marriage, I have a daughter also in her thirties from my first marriage. My husband and I are both in our fifties and have no children togther. He is a teacher and I work part time. My husband pays into a teachers pension fund in Ohio, STRS, rather than social security. Recently my husband made a will without talking to me about it. He left his pension to his adult children, who both have good jobs and are in good health. Is this customary? I told him that I think pensions are normally left to spouses, but he says that I'm wrong. He also left the house to his children. My friends have told me that normally in a second marriage, there will be a clause in the will that allows the surviving spouse to stay in the house for a certain amount of time, but he didn't mention that in the will. He says Ohio law automatically allows me to stay in the house for one year after he dies. He also said that even though he didn't leave me anything in his will, not to worry because I will automatically get a check for about 1/3 of his estate when he dies. Is all of this true?


Asked on 5/05/04, 8:53 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Disinherited by husband

He can make his pension beneficiaries whoever he wishes. As a surviving spouse, you would b entitled to the sum of $ 40,000 and the right to remain in the marital property for 1 year from date of death. The 1/3rd mentioned only comes into play if the will gets thrown out.

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Answered on 5/06/04, 9:47 pm


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