Polk, OH asked in Probate for Ohio

Q: Can I stay in my husband's home if he passes before me?

My husband and his previous wife (now deceased) built the home he and I now live in. His previous will left everything to her. From what I understand, because his wife passed away his previous will is no longer valid. He does not have a new will. His deed was a transfer on death deed and he has not since changed it, or added me to it. He has two grown children. I simply want to know if he passes before me if I can stay in our home.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Probate Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: His "previous" will IS his current will, unless he revoked the previous will, tore it up, or destroyed it. Since his previous wife is deceased, the transfer to her in the transfer on death deed, is no longer in effect. If he passes away, the house would not pass to any of her heirs. But if he has any children, an interest in the house would pass to them and you as his surviving spouse. So it would be prudent to use the Find a Lawyer tab to retain a local estate planning attorney to review his "previous" (current) will, the deed, and his and your current situation, to recommend whether new wills should be executed, along with living wills, powers of attorney, and other important estate planning documents.

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