Legal Question in Wills and Trusts in Ohio

In Ohio the surviving spouse has certain rights with regard to property of the deceased spouse. This may allow the surviving spouse to receive property from the deceased spouse's estate even though his or her will provides otherwise.

I would advise you to speak to an attorney who can address your concerns. You may want to consider other alternatives to a will such as a trust.

In addition to the previous answer, the rights of a surviving spouse are considerable, regardless of the terms of a Will. Further, for older persons considering marriage, there is the issue of future Medicaid. If one spouse exhausts his or her assets and is Medicaid eligible, the other spouse's assets are also considered available for support and could be required to be spent down before Medicaid benefits are available. That is generally not a favored option, especially by any children of the prior marriages. Pre-nuptial agreements and most trusts are ignored by Medicaid.