Legal Question in Wills and Trusts in Ohio
Simple Will - Will it hold?
My husband and I have simple wills, done by lawyer, notarized, etc. - that state in case of his death I get everything, in case of mine he gets everything and that 'no child shall have rights to anything'. (If we both pass the will stipulates clearly who gets what.) We have 2 grown children; he has 2 grown children from a previous marriage. Can they make a claim against the estate - against me - should he die?
1 Answer from Attorneys
Re: Simple Will - Will it hold?
They have the right to contest his will, but are not likely to be successful. It would have to be shown he was not capable of making a will, you unduly influenced him in his decision to exclude his children, or did not remember he had these children when he made his will.
Wills are presumed valid, and it is not easy to overturn one which has been properly prepared and signed. There are other reasons to contest a will that I have not listed, but are not likely applicable in your circumstances.
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