Legal Question in Wills and Trusts in Ohio

Inheritance / surviving spouse

Married in 2004-spouse has an x-and three grown sons. He states that he had a will that left propertys to first wife, then son's, I undestand that dd nullifies her names, but, still would be active for the son's. His x has told him she has had the will destroyed, he has no proof, has filed with an attorney, I help pay for the home we share, yet, I'm not on the deed, I've asked to have me placed as survialship deed, he feels that this does not need to be done, that because I am his wife that I will inherit this home, I advised him, this is not true, as if this will is still in force, his sons will inherit it, not me, I do not have a will, yet, my belongins, will go to him, car, jewlery, doll collection, all my property,,what can I do to show him that I as his wife, and sharing the expense of the home, that I need to be on the deed for survialship if he passes to have this house, and I have offered to do a will together, that he dies, I have house, when I die his boys have the house and they will probably sell it anyways, what are my options?

Thx


Asked on 3/02/06, 8:39 am

1 Answer from Attorneys

Re: Inheritance / surviving spouse

He could do a Transfer on Death deed that keeps it in his name, and then transfers to you upon his death, outside of probate. There are some concerns regarding this statute that may change in the coming years. Otherwise, he should do a Will that leaves the real property to you. If he has a Will, that does control, other than your right to elect against the Will and receive your statutory share. Ask him why he doesn't want to have it done, as you are not protected.

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Answered on 3/02/06, 9:34 am


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