Estate and Probate Attorney in Cincinnati Ohio » Spousal and Family Rights

Automobiles

admin — Tue, 29 Mar 2011 08:57:08 +0000

A surviving spouse is entitled to two automobiles outside of the probate process. The two automobiles can be transferred to the surviving spouse with a death certificate and an affidavit. The two automobiles may not exceed $40,000. Additional automobiles, in...
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Allowance for support

admin — Tue, 29 Mar 2011 08:51:09 +0000

The allowance for support or family allowance is $40,000. It is paid to the surviving spouse if there are no minor children or all of the minor children are children of the spouse. If however, there are minor children not belonging to the surviving spouse (step children) the family allowance is equitably divided among the surviving spouse and the minor step children.

Election to remain in, purchase, and to take the mansion house

admin — Tue, 29 Mar 2011 08:50:36 +0000

A spouse has the right to stay in the house for one year without paying rent. A surviving spouse has the right to purchase the house from the estate at its appraised value. In addition, the surviving spouse may take the house as a part of his or her intestate share and the family allowance. If for example, the spouse’s share of the estate was $100,000 and the house is worth, $60,000. The entire house can be taken by the spouse as a part of the $100,000 share.

Spouse’s right to elect against the Will

admin — Tue, 29 Mar 2011 08:50:03 +0000

A surviving spouse has a right to elect against the will and to take the share he or she would have been entitled to if there was no will. If for example, the will left the estate to a trust and excluded the spouse, the spouse could take one third of the net probate estate if the decedent had two of more children. The Probate Court issues a citation to the surviving spouse when the will leaves the spouse less than the testamentary share. The spouse has five months after the appointment of the executor to make the election.