Legal Question in Wills and Trusts in Ohio

Re: wife's name not on house deed or mortgage

Have you discussed any of this with your husband? From what you describe, your house is not a marital asset. Neither is the insurance payout. Do you know whether he has made other provisions for you? An attorney can answer your questions in order for you to be able to plan by knowing the particulars of your situation.

Re: wife's name not on house deed or mortgage

I am assuming from your question that your husband does not have a will. I would encourage him to get a will as soon as possible to put his wishes in writing.

If the house is in his name alone and he does not have a will then it would be split between you and the children from a previous marriage. The actual split depends on the number of children. This could be a very difficult result for you. All the owners of the house would also be responsible for the mortgage.

If the life insurance is paid directly to his children then they have no oblgiation to use it to pay the mortgage.

Please see an estate planning attorny as soon as possible.

This answer is intended as general information and is not legal advise nor does it create an attorney client relationship.

Re: wife's name not on house deed or mortgage

The facts you state give rise to many legal issues, some of which could result in difficult practical situations as cited by attorney Schmitz.

On the basic question of whether you would have any legal right to stay in the home, there is both a long term issue and a short term issue. Long term, the outcome would depend upon your husband's estate plan, such as whether he has a will or a trust, and it would depend on what those documents state. Attorney Schmitz described what would occur if you husband dies without a will. Short term, the outcome could be controlled because as a surviving spouse, you have the right to elect to stay in the martial home, rent free, for a period of one year.

Given all these issues, I would encourage you and your husband to see an estate planning attorney, or even separate estate planning attorneys, as soon as possible.

Re: wife's name not on house deed or mortgage

I agree with the answers of both the attorneys. You and your husband need to discuss your concerns with an experience estate planning attorney. There are many couples who have faced this issue in the past where there is a remarriage with children. An individual wants to take care of their spouse for their lifetime but would also like to pass on their estate to their children. There are ways to plan using trusts to take care of the surviving spouse and still protect the inheritance for the children after the surviving spouse's death. An experienced estate planning attorney will be able to help you and your husband accomplish this.