Legal Question in Wills and Trusts in Ohio

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?

Thank you

Asked on 2/24/11, 5:58 am

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

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.

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Answered on 2/24/11, 6:12 am

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

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.

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Answered on 2/24/11, 6:24 am

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