Legal Question in Wills and Trusts in Ohio

post-divorce will issue

My ex-husband and I made wills while still married--name removed--each other. We have since divorced. I have not made a new will since then and have re-married. If I die before making a new will, does my ex get my assets - in other words, those that are not held by my current husband and I? (The wills my ex and I made were fairly basic - passing any assets--name removed--the surviving spouse.) I'm not particularly worried that my ex would go after anything, but my current husband is a worrier and I'd like--name removed--set his mind at ease. Thank you.


Asked on 4/24/06, 12:39 pm

2 Answers from Attorneys
Harold Hom Harold L. Hom Co., LPA

Re: post-divorce will issue

Ohio law says that your ex-husband would be deemed to be deceased for purposes of your estate planning, including Will and life insurance beneficiary designation. However, for qualified retirement accounts governed by ERISA (e.g., 401k), some Federal courts have held that Federal law (ERISA) trumps Ohio law and that your ex-husband would be entitled to such retirement accounts if he survives you and is named as the primary beneficiary.

Harold Hom

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Answered on 4/24/06, 12:45 pm
Russell Golowin Golowin Legal, LLC

Re: post-divorce will issue

As you allude in your message, the safest course of action is at the very least to make sure you update your will, living will and powers of attorney. That way you won't have the worries you are experiencing at the present time.

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Answered on 4/24/06, 1:17 pm


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