My husband made a will before we got married, leaving everything to his children. Should he make another one if he wants to protect me if something happens to him or will I still be protected without him writing up a new one?
2 Answers from Attorneys
A surviving spouse has certain rights under the laws of the State of Ohio. Under those provisions you would be entitled to a portion of his probate assets (those assets in just his name that do not have a beneficiary designation).
You and your husband should discuss the facts of your situation and your goals to make sure that the current documents and asset owernship allow those goals to be carried out.
To be truly protected, rather than having to rely on state statutes, a new will is recommended. This also gives you both the opportunity to discuss your respective needs and desires since your are now part of a blended family.
Related Questions & Answers
Does a power of attorney end when there is a death Asked 2/23/11, 6:38 am in United States Ohio Probate, Trusts, Wills & Estates
My father has passed away and I am named executor on his will. Am I required by law... Asked 2/19/11, 5:26 am in United States Ohio Probate, Trusts, Wills & Estates
Has a executor can i keep the house or do i have to sell it? Asked 2/18/11, 7:59 pm in United States Ohio Probate, Trusts, Wills & Estates
If I am executor on my Mothers will-but my brother has his name on my Mothers bank... Asked 2/18/11, 7:41 am in United States Ohio Probate, Trusts, Wills & Estates
I read with interest the question titled "Timing of Invoice." My situation... Asked 2/17/11, 4:31 pm in United States Ohio Probate, Trusts, Wills & Estates