Legal Question in Wills and Trusts in Ohio
My son passed away and he and my 2 daughters are on my will. Do I need to remove his name so that his ex-wife and kids cannot try to take his part.
2 Answers from Attorneys
The answer to your question depends on the way your will is written. It is most common for a will to provide that upon the death of a child his or her share passes to his descendants. The other alternative is to have the shares split equally between your children with a deceased child's children not having any interest. This is a less common way of drafting a will. It is rare to have a spouse included but not unheard of.
I would suggest that you have an attorney review your will and see if accomplishes your wishes.
If your son is still named, then his heirs--from what you say here, his children--will inherit his one-third share. If you don't want that, you need to revise your will, either with a codicil or have a new one drawn up.
Related Questions & Answers
-
When is a POA no longer in effect after the person is dead Asked 5/04/10, 1:09 pm in United States Ohio Probate, Trusts, Wills & Estates