Legal Question in Wills and Trusts in Ohio
restrictions on the inheritence
Is it legal to name a beneficiary but to include a clause that the beneficay cannot inherit the estate until he or she is legally married.
Asked on 4/22/07, 8:39 am
2 Answers from Attorneys
Robert Rosplock
Rosplock & Perez
Re: restrictions on the inheritence
Under most circumstances it is legal to condition bequests to beneficiaries in the manner you describe. Remember, a decedent can exclude anyone from benefitting from his or her will, subject to the right of a spouse to elect against the will.
Answered on 4/23/07, 9:23 am
Nancy Fioritto Patete
Nancy Fioritto Patete, Esq.
Re: restrictions on the inheritence
Yes it is. Some conditions place too much of a hardship on a beneficiary and can be challenged. This one would not.
Answered on 4/23/07, 10:03 am
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