Legal Question in Wills and Trusts in Ohio
My father died in Ohio on January 14, 2008 and had no valid will because his will had only one witness. He had a small revocable trust that named his three children, two stepchildren and the widower of one of his stepchildren as beneficiaries. Under Ohio law, are the stepchildren entitled to be beneficiaries of the trust when there is no will? Thank you.
Asked on 8/12/09, 9:09 pm
2 Answers from Attorneys
Elizabeth Schmitz
Elizabeth S. Schmitz Attorney at Law
In Ohio an individual can name any beneficiary that he or she wants of a trust. The trust would only govern those assets that were in the trust's name.
Answered on 8/12/09, 9:17 pm
Nancy Fioritto Patete
Nancy Fioritto Patete, Esq.
Yes, in such a case, the will is used to capture any assets not placed into the trust.
Answered on 8/14/09, 11:50 am
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