Legal Question in Wills and Trusts in Ohio

I have recently learned that my father has a will that is unknown to my mother. We live in the state of Ohio. The will reads that she will inherit 100% of his 401k plan and 50% of his other assets. The remaining 50% of his assets will be divided evenly among his heirs.

The house which is encumbered by a mortgage is in both of their names along with all bank accounts and other investments are held jointly.

In this case, would the jointly held house that she occupies have to be appraised upon his death and 50% of the equity paid to his heirs?

What about the personal property within the house, would there also need to be value assigned to that (furniture, etc)? Automobiles?

I am trying to protect my mother's rights (even though I am one of the heirs) since she doesn't even know this will has been executed and would appreciate any advice as to what her rights truly are. I am particularly concerned about her home.


Asked on 4/26/10, 12:44 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

If the house is held joint with right of survivorship it will not pass according to the will but will pass directly to your mother. You should check the deed to make sure the wording joint with right of survivorship is in the deed.

If the house is held as cotenants (joint without the survivorship langague) one half of the house will pass through probate and through the will. Ownership of the house could then be passed out to the heirs so that your mother owns 3/4 of the house and the heirs the other 1/4 of the house. All parties would have to agree to the sale of the house.

Under Ohio law the spouse is entitled to up to 2 vechicles under $40,000 in value.

If the bank account ans other investments are joint then they would pass directly to your mother.

It sounds from your description the house is the only thing that might possibly pass through the will. Whoever helped your father with the will may not have explained to your father that the actual form of ownership of his assets may control over the will.

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Answered on 5/01/10, 1:23 pm


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