Legal Question in Wills and Trusts in Ohio

Does a surviving spouse have legal rights to the estate or does a will take president?


Asked on 3/24/15, 3:19 pm

1 Answer from Attorneys

Michael Brandabur Brandabur Law, LLC

Yes. But they must be exercised in a timely manner and properly. I would strongly suggest you promptly contact a probate attorney to more fully discuss the specifics, as this forum isn't practical in fully exploring the specifics of your situation. With that said, in answer to your question, as a surviving spouse, you may file an "election against the will". Depending on certain facts, this will allow you to lay claim to certain amounts from the estate, regardless of what the will states.

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Answered on 3/25/15, 11:43 am


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