Legal Question in Wills and Trusts in Ohio

husband died. left 3 motorcycles titled in his name only. had a will done but didn't have it signed before his death. his lawyer tells me that the bikes have to go through probate then they will be given to my stepchildren. he also had a patten on a device that will also go to his children. both children are over 21 and do not live with their mother and did not live with us at the time of his death. I need to know if the lawyer is telling me the truth or is telling me this because of his loyalty to my husbands children. We were married for six years.

Asked on 8/19/13, 11:20 am

1 Answer from Attorneys

Philip Schmidt Brady, Coyle & Schmidt, Ltd.

As a surviving spouse, you have significant rights, even if your husband did not have a will. You have the right to select 2 of his motor vehicles, up to a total value of $40,000, outside of the probate process. Take the 2 titles to the BMV with his death certificate and have them transferred to you. If you paid the funeral bill, the 3rd motorcycle could be transferred to you as repayment for paying the funeral bill.

See a lawyer of your choice nearby who is familiar with probate proceedings.

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Answered on 8/19/13, 11:44 am

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