Legal Question in Wills and Trusts in Ohio
i have been married for 15 years. we are both elderly, we have a prenup and seperate wills leaving everything to our previous children/ relatives. my husband has had a severe stroke. he is now in a nursing home in critical condition, One of his grandaughters informed me that if he dies she is expecting half of everything I have? she is also the one named on his living will, How does that work? Is she going to force me to sell my house and take half of our savings? Does she have that right. Is there anything that i can do to protect myself. before something happens to him?
2 Answers from Attorneys
You need to speak to an elderly law attorney as soon as possible. The answer to your question depends on many factors such as how your property is owned and the terms of your prenuptial.
Being named on his living will only means that she will be notified if the physicians remove your husband from life support. A living will does not give her power over his property.
Your husband's granddaughter cannot force you to sell your home and take half of your savings if the house and bank accounts are also in your name. If they are held jointly, they will both pass directly to you and avoid probate altogether. If he has a last will and testament that names her as a beneficiary, it will only apply to probate assets, or assets that do have a beneficiary designation or that are not jointly held. A living will has nothing to do with his estate as the previous attorney stated.
You should speak to a probate attorney so he can properly evaluate your prenup, how your assets are titled and what your rights are.
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