Legal Question in Wills and Trusts in Ohio
My mom's husband passed away and we were told she could not be excluded in the estate even though his will stated otherwise. There is a pre nup signed can he exclude her? Can she fight the will and or pre nup? Does the will have to be probated? How quickly can his children "kick her out" of the home if the will and pre nup stands.
1 Answer from Attorneys
In a typical situation, a wife can elect to take against the will. This means that they can opt to inherit from her husband and obtain her statutory share. However, the may pre-nup change that depending on what the agreement provides for. I would speak to an estate planning/probate attorney to evaluate that agreement and the complete facts of your case and give you a qualified answer so you can decide how to proceed. If you would like further assistance, please contact my office at: http://www.socrateslegal.com .
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