Legal Question in Wills and Trusts in Ohio
Property Deed
My husbands mother passed away a year ago. This left him and 3 siblings a farm which was to be divided into four equal shares. The property was divided to everyone's satisfaction and the lawyer started the preparation of the deeds. The lawyer requested the names and correct spellings of each spouse that was to be added to the deed. We all complied.
However, I just recently read the property transfers in the local paper. It seems my husband had a change of heart, and although his siblings spouses were included in the transfer, I was replaced with his 16 year old son from a previous marraige.
Of course, this caused some hurt & confusion, not to mention the humiliation I felt.
Upon trying to discuss the matter with him, he stated that he could put anyone he so desired on the deed. As I have no argument with that due to the fact that this is true, he is now trying to convince me that it doesn't make any difference anyway, that as his wife I will automatically receive his ''share'' if something would happen to him. He claims it falls under ''spousal rights''.
Is there such a thing?
1 Answer from Attorneys
Re: Property Deed
You are correct that the spouse has rights, however, it the property is in a joint and survivorship with his son, it becomes a non probate asset and you may not get your share of the property. As a spouse, you are entitled to a house, a car, and half the rest
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