Legal Question in Wills and Trusts in Ohio
Wills, Estates
I have 2 children from a previous marriage, my husband has 2 kids from a previous marriage and we have 1 child together. I am wanting to know if there is something I can have drawn up where if something happens to me, my 3 kids get all of my personal belongings that I will name in a will or something. What would this be called? Can I draw this up myself and it stand in court? Do I need my husband to sign it also? Also, we have a will now that states if something happens to both of us, our estate will be divided amoung all 5 children. If something happens to me first, can he change that to leave my 2 kids from a previous marriage out? Thank you for your time.
2 Answers from Attorneys
Re: Wills, Estates
You can have a will with a provision that provides if you leave a writing regarding personal belongings you would like it to be followed. This statement would not need to be signed by your husband.
The only way to completely protect your children from a previous marriage is to set up a trust. A trust can either be set up in your will a testamentary trust or be a seperate document a revocable trust. A testamentary trust requires ongoing probate court supervision a revocable trust does not.
If you leave your property to your husband and die first than he absolutely can change his will to leave your 2 children from a previous marriage out. If you set up a trust you can give him access to the money during his life and then at his death it would pass as you direct.
You should contact an experienced estate planning attorney to advise you on your situation and make sure your goals are accomplished.
Re: Wills, Estates
It sounds like you need to revise your will(s). All that you ask about can be done by will. I would be glad to do both yours and his for $120.00. It can be done by phone and mail, we do not even have to meet. Best regards, edward Dicato
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