Legal Question in Wills and Trusts in Ohio
''Elect to take against'' question
My will has the following statement in it:
''In the event that my spouse shall elect to take against my Will, my spouse shall be deemed to have pre-deceased me for purposes of my Will.''
My entire estate is left to my spouse in the will and we have no children.
What is the reason for having this statement? Are there any ramifications of having this statement, or not having it, if my intent is to leave my entire estate to my spouse?
1 Answer from Attorneys
Re: ''Elect to take against'' question
Under Ohio law if a spouse gets less than the entire probate estate under the will he or she can "elect to take against" the will and receive up to 1/2 of the estate.
If you have left everything to your spouse than this sentence would not have any effect.
This is intended as general informaton and is not legal advise nor does it create an attorney client relationship. You should consult with an attorney for advice related to your particular situation.
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