Legal Question in Wills and Trusts in Ohio
My spouse & I have a will...both of us were married before so we each are step-parents...we made our will that upon either of our deaths everything went to other spouse & upon both our deaths whatever was left would be auctioned off & split between all our kids equally.
Question: If I die first & all is going to spouse can spouse change the will we had together & exclude my children?
3 Answers from Attorneys
Yes your spouse can change his or her will at anytime as long as he or she is competent. The only way to safeguard the property for your children is to use a trust.
To properly answer all your questions, we would like to offer you a free consultation with one of our attorneys. Your consultation can take place either over the telephone or in-person.
To schedule your free consultation, please call us at 1-800-297-9191 or email James Luna at [email protected].
We look forward to hearing from you.
Yes, unfortunately a basic will cannot guarantee that the surviving spouse will not change the original plan. A better route would be to set up a trust. You can set up provisions to take care of your spouse and also distribute the remaining assets to your children on the second spouse's death. If you would like to discuss in more detail, please contact my office.
Christine Socrates
(216) 378-7570
www.socrateslegal.com
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