Legal Question in Wills and Trusts in Ohio

i have been married 14 yrs to my second husband he did not leave a will he told his kids verbally that if something should happen to him that i will make sure they each get a gun that belonged to him. and his son is to get some of his old tools. his son says that he can have me throwed out of the house to get what he wants that belonged to us. since we have been married we have purchased 2 vans camper boat among other things. now are these legally mine i cannot do anything til i get the death certificate to take it to court to have them put in my name? they are all property of the marriage


Asked on 10/20/11, 4:33 pm

1 Answer from Attorneys
Lisa Meier Law Office of Anthony W. Greco

I'm assuming that you did not have any children with your late husband and that no minor children survived him. A surviving spouse may elect to remain in the house the decedent and spouse owned and the spouse lives in for one year for free after the death of the decedent. There are many facts that I still don't know, but as a surviving spouse with no will, you are only entitled to a portion of his estate. It depends on whether the real estate was jointly titled in both of your names. If it is real estate that is titled in joint and survivorship between you and your late husband, you are now the owner of the real estate and there is little chance his children can take this from you. It also depends how the automobiles were titled. If you need help administering your late husband's estate, please contact me and I may be able to assist you.

-Lisa K. Meier

Gurtner & Meier

[email protected]

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Answered on 10/20/11, 5:16 pm


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