Legal Question in Wills and Trusts in Ohio

Does a will take precedence?

My father recently passed away. He left me as executrix of his will and my sister and I were to split everything except for his stock which she got and his property that he gave to me. Now she is saying that the life insurance policies he had her as Primary on and me as Contingent are all hers, that he told her she was to get all of his cash assets right before he died. I was the person who took care of him the past two years, he never told me anything about this discussion that she claims they had right before his death. Can I enforce any rights to half of his monetary assets even if he only named her as Primary? Does the will enforce this at all? We aren't opening an estate or going to probate on anything.


Asked on 4/02/07, 2:25 am

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Does a will take precedence?

A life insurance payout is not part of a probate estate. You would need to prove that your father intended to share that payout. If he did express that to your sister, without proof or evidence, your sister has a moral obligation and not a legal obligation to share that asset.

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Answered on 4/02/07, 9:46 am


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