Legal Question in Wills and Trusts in Ohio

Second spouse not named in will

I am my husband's second wife. He has a will that predates our marriage with his children (from the first marriage) being the only inheritors and has not yet changed it. What are my legal rights as his wife? Also, since the will has not been changed what does this do to my claim on a house he owned before our marriage? The deed is still in his name alone? The mortgage is in his name, but we have a home equity loan that is in both our names.


Asked on 9/27/02, 1:34 pm

1 Answer from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: Second spouse not named in will

You ask a number of questions that have complex answers. First, should he die with the present will, you would be given the opertunity to "elect to take against the will," which means you would ask the court to distribute your husband's estate according to the law of descent and distribution. Second, if the house is the one you are living in right at the time of death, you would have the option of living in the house ent free for one year. This house is your husband's separate property, thus you have no claim to it. If the home equity loan was used to improve or maintain the house, you may then have a claim. These are general responses, and may not apply to your situation. You should consult with an attorney in order to have your specific situation evaluated.

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Answered on 9/27/02, 4:46 pm


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