Legal Question in Wills and Trusts in Ohio
My husband and I have been separated (not legally) for 6 months. He has appointed his daughter with his power of attorney. How does this affect my legal rights? If we do not divorce (which he doesn't want to) and he should expire would I receive his monthly Social Security and would I come into at least 1/3 (dower right) of all his property, savings and checking? I do not believe he has a will. My monthly income is below poverty level and no one will help me. Any assistance will be greatly appreciated.
Charlene Poole
1 Answer from Attorneys
In Ohio if your husband does not have a will the surviving spouse will receive all of the probate assets if all of his children are also the children of the surviving spouse or a portion of the probate assets if some or all of the children are not hers.
It is important to know that this only applies to probate assets (those assets in his name alone). If he puts his daughter on the bank accounts as a payable on death beneficiary than you would have no right to that property.
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