Cleveland, OH asked in Estate Planning for Ohio

Q: My husband said if he passes with no will, I only receive 1/3 of the estate etc? Why would this be?

My husband is the only name listed on the deed for our property. He has 2 children, never was married to their mother, the mother has had custody of them, they've lived out of state about half of their minor lives, they are both over 18 at this point and have had 0 contact with him for many years. I have 2 minor children from a previous marriage. We've been married going on 2 years. When he spoke to an estate planner (after his father passed) he was told if he were to pass without a will, I am only entitled to 1/3 of the estate etc. He has talked about adopting my children but we have to look into the process more. It's unclear to me (and him) why I would only receive 1/3. Would it make any difference if my name was added to the deed? Obviously he plans on writing a will and designating all of this but if by freak chance something were to happen before we finish that we're trying to understand what would happen. Any help would be appreciated.

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1 Lawyer Answer
Aaron Epling
Aaron Epling
  • Estate Planning Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: If that's not what he wants, then you need to get this done ASAP. Each issue you bring up can be quickly resolved.

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