Legal Question in Wills and Trusts in Ohio

Releasing rights to any inheritance of my husband

My in-laws have asked me to sign away any rights I have to my husbands inheritance. They claim that this is because they dont want the state to take anything from them if they ever have to go into a nursing home. They are putting my husband and his brother onto the deed of their home. This concerns me because if anything happened to my husband where does that leave me and our kids? We have our own children and adoptive children as well.


Asked on 3/11/09, 10:04 am

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Releasing rights to any inheritance of my husband

It is not clear from your question what you are being asked to sign. So I would suggest having an attorney review the actual documents and advise you.

If your husband is a co-tenant with his brother (not a joint tenant with right of survivorship) then his interest in the house would pass through his estate if he passed away.

This is general information and is not legal advise nor does it create an attorney client relationship. You should seek the advise of an attorney for information specific to your situation.

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Answered on 3/11/09, 10:48 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Releasing rights to any inheritance of my husband

This is a tough call. Assuming your husband is entitled to a share of the real estate, you would ordinarily have dower rights to that share as his spouse. Your in-laws are asking that you give up those rights for their own well-being, and that's understandable. Perhaps the question to ask is what happens to their estate that remains after their care needs are met. I suggest you consult with an attorney.

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Answered on 3/11/09, 12:21 pm


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