Legal Question in Wills and Trusts in Ohio
My -husband's will states he bequeats to his wife that share of his estateto which she would be entitled if she were to make the election provided for in section 2107.39 of the ohio revised code.What does that mean?also,the will was written,i think,before ouir divorce.He died in ohio.i now live in florida
Asked on 8/29/10, 4:42 pm
1 Answer from Attorneys
Nancy Fioritto Patete
Nancy Fioritto Patete, Esq.
Spouses of decedents who are not named in the decedent's will are allowed a certain amount of money from the estate. They don't have to take it. This is called an "election against the will." This can range from one-third to one-half of the estate. This would no longer apply to you.
Answered on 9/04/10, 5:41 am
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