Legal Question in Wills and Trusts in Ohio

Re: spouse survivorship

The only items governed by the will are those that pass through probate, that is they are still in the decedent's name and have no benefiary designation. The savings account & CDs that have designated beneficiaries will pass outside of probate to those named beneficiaries.

Re: spouse survivorship

A surviving spouse has the right to certain property even if the wife leaves it to her kids. There may be a right to elect to take against the will. If the spouse is ok with the kids getting what the is left to them in the will, then the property can transfer according to the will. If not, it would be good idea for the surviving spouse to at least talk directly to an attorney to make sure that his rights are protected.

Bank accounts, CDs etc that have a beneficiary named are not governed by the will and will go to the person designated unless that person is not living.

Feel free to give me a call if you want to discuss this in more detail.

Good Luck

DHD