Legal Question in Real Estate Law in Ohio

I was married last year and my husband has a home in his name only. If he dies would I get the house or would it go to probate becasue he has 3 children?


Asked on 7/08/10, 11:28 am

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

If your husband does not have a will any property in his name alone would be divided between you and his three children. Under Ohio law the surviving spouse does have the right to live in the marital home for a year after the deceased spouse's death.

I would suggest that you and your husband talk to an attorney who can help you understand how to accomplish your wishes.

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Answered on 7/08/10, 5:17 pm


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