Legal Question in Wills and Trusts in Ohio
property inheritance
HI! Just got married, not on deed of home, paying for it, life insurance policy does indicate myself and his three sons, will, has his x (which dd overides), I undestand that the life Ins. policy will keep from going to probate court, my concern: can the sons fight to take the property from me upon his death?
The life ins. policy wouldn't overide the will, when he does in fact change it, but, as it stands now, can his sons fight me on the home if I'm not on the deed? Do I need to be on it to claim it?
I think this is good, and I thank you for your time and effor to help me with resolving this issue, my new spouse tells me that the life ins. overides all and that I will obtain the property, and there is no probate because of the life ins. policy, but, if his will indicates in any way that his children inherit upon his death, I'm be put out on me butt, am I correct so far?
Thank You
Karen
1 Answer from Attorneys
Re: property inheritance
Karen, you should both have Wills (among other documents) to make the probate process clear. While the divorce nullifies the provisions in your husband's Will naming the ex-wife, the remaining portions of his Will are still valid and most likely do not leave things to you. If the sons are on the Deed (either as joint owners or as Transfer On Death beneficiaries) or if they inherit it under the Will, then they can ask you to leave after one year after your husband's death. If only your Husband's name is on the Deed, it will go through Probate and go according to his Will, or if no Will, then to you as the surviving spouse. It would be better for him to add you as an owner as "joint with rights of survivorship" or if he is a little hesitant about adding you so soon, keep it in his sole name and add you as a "Transfer on Death" beneficiary by recording a new deed. I would recommend redoing his Will also.
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