Legal Question in Wills and Trusts in Ohio
Husband dies, son is asking wife to sign over claim to insurance, estate, and anything else to him. Wife (separated) wishes no claim to anything in estate. What does she need to include in a signed statement to relinquish all claims to estate, insurance, etc as well as not be held liable for any of husband's debt?
Asked on 2/05/11, 6:00 am
1 Answer from Attorneys
Christine Socrates
Meyers, Roman, Friedberg & Lewis
The unsecure debts of the estate are paid out of the "probate estate" and not out of life insurance or other assets that pass directly to a named beneficiary. The wife would need to file a legal disclaimer to relinquish all her interest in the estate. However, if there is not a contingent/secondary beneficary on the insurance policy, it will be paid to the estate and therefore will be used to pay creditors.
Answered on 2/09/11, 6:40 am
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