Legal Question in Wills and Trusts in Ohio
a wife dies Ohio 2007 with a Will leaving estate to husband, husband fails to probate wifes estate and subsequently dies 2010, can her wll now be probated and would her estate go to her children or to husbands estate>
2 Answers from Attorneys
An attorney should review the wills to provide you with a definite answer, but any property in wife's name will need to be probated and will be paid to husband's estate. Husband's will will then control how property passes.
If all her assets were to go to husband via her will which was never probated, and he is now deceased, the end result is the same - his estate will control the disposition of the property. You may not need to bother with probating her will, unless there are some title issues that cannot otherwise be resolved. But again, the end result would be the same if her will has everything going to him.
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