Legal Question in Wills and Trusts in Ohio

My son passed away and he and my 2 daughters are on my will. Do I need to remove his name so that his ex-wife and kids cannot try to take his part.


Asked on 5/07/10, 9:10 am

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

The answer to your question depends on the way your will is written. It is most common for a will to provide that upon the death of a child his or her share passes to his descendants. The other alternative is to have the shares split equally between your children with a deceased child's children not having any interest. This is a less common way of drafting a will. It is rare to have a spouse included but not unheard of.

I would suggest that you have an attorney review your will and see if accomplishes your wishes.

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Answered on 5/12/10, 9:50 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

If your son is still named, then his heirs--from what you say here, his children--will inherit his one-third share. If you don't want that, you need to revise your will, either with a codicil or have a new one drawn up.

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Answered on 5/13/10, 4:08 am


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