Legal Question in Wills and Trusts in Ohio

My father expired on 05/29/09. He divorced my mother in 1968. They had 5 children. He lived with another woman for years but did not marry her until 02/20/91. His will was made out & signed on 10/18/89. In which he was single at that time. He purchased 2 houses during his single years. Does his 5 children have any rights to his assets since he never changed his will and was single when the will was made out?


Asked on 5/01/10, 2:35 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

In Ohio a surviving spouse has certain rights. This inculdes the right to elect to not follow the will and get a portion of the deceased spouse's property. A spousal election has to be filed within a certain time period.

If his will divided his property between the five children then the five children should receive a portion of the estate.

You also need to keep in mind that the will only governs property that was in your father's name alone. Any property that he owned jointly will go direclty to the other person and any property governed by a beneficiary designation will pass according to the benefiicary designation.

You should contact an attorney who can review the will and the assets owned by your father and advise you of your rights.

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Answered on 5/06/10, 2:45 pm


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