Legal Question in Wills and Trusts in Ohio

My husband and I are trying to come up with a fair will. We were both married before, he has 2 children and I have 4. We have no children together. My husband and his parents own a business that they started 3 years before our marriage and we also own a similar business together since our marriage. I feel that all of our assts should be left to the survivng spouse and upon death of surviving spouse..all assets and monies be sold and split 6 ways equally among the children and certain personal items and heirlooms alotted to each of our children respectively. He does not agree and thinks for instance, upon his death...his children should get 50% of our worth at that time. Please advise.


Asked on 8/19/09, 1:15 pm

2 Answers from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

There is no right or wrong way to divide the assets you and your husband will need to determine what you think is fair for your family.

Please be aware that unless you use a trust if you give all of your assets to your husband or he gives everything to you there is no way to make sure that it will be divided the way you agree. Once you give your assets to a suriviving spouse he or she has the full right to determine how those assets will pass. The only way to avoid this is to put the assets in trust.

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Answered on 8/19/09, 2:15 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Estate planning for a blended family is complicated, having to do with the number of children involved whose they are and the pre-nup and post-nup assets. In your case, you have business concerns as well. I suggest you consult with an attorney.

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Answered on 8/23/09, 4:09 pm


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