Legal Question in Wills and Trusts in Ohio

Survinging spouse

Married/2004-spouse has will indicating x wife/and sons to inherit,,where does this leave me,

i help pay for the home we share, i'm not on the deed, his x wife's sister is executor of that will, he has a life insurance policy that i'm the beneficiary for, will i as his wife, inherit the home if i'm not on the deed, and not mentioned in the will---mind you, there is still a bank note.

Thx


Asked on 7/14/05, 2:04 pm

1 Answer from Attorneys

Daniel Dismuke Daniel K. Dismuke, Attorney at Law

Re: Survinging spouse

It may be possible to challenge the will based upon changed circumstances. Since you have been married for a relatively short period of time it is possible to argue that he did not have an opportunity to change the will but meant that his current spouse inherit not his former spouse.

Also, as the surviving spouse you are entitled to elect to receive a statutory share of the estate.

There are short time limits to take action so you will need to contact an attorney quickly.

Respectfully yours,

Daniel K. Dismuke, Attorney at Law

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Answered on 7/14/05, 10:22 pm


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