Legal Question in Wills and Trusts in Ohio
My mother and father had a will done in the state of Ohio. My mother passed away and my dad is re-married. He did not change his will, nor did he do a prenup agreement. His home was purchased and paid for by my mother and father and now my step-mother lives there with Dad. Dad has said he still wants all of his possissions to be divided amoung his children, but I am wondering if that will is still valid since he is now remarried? Her children are very agressive and I'm sure are ready to wipe him clean at the first chance they get. What can we do to make sure that Dads stuff goes to his children and not her or her children?
2 Answers from Attorneys
This is a dilemma that happens in many remarriage situations. The only way that your father can make sure that his asset be passed on to his natural children is to execute a new will and to set up a trust. He can set up a trust to take care of his new wife during her lifetime, but upon her death, the assets pass to his natural children. She can do the same to make sure her children inherit her assets. If you need further assistance, please contact my office at: http://www.socrateslegal.com .
Your father needs a new will and possibly a trust that clearly expresses his intentions now that he has remarried. If the house is joint with the new wife it will go directly to her and the provisions of the will will not apply.
Your father needs to discuss his situation wih an experienced estate planning attorney.
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