White Cottage, OH asked in Estate Planning for Ohio

Q: My dad does not have an updated will. He has listed my brother and I as beneficiaries on his retirement accounts.

Will my brother and I receive the inheritance that way? He is married to a woman that is not our mother and plans ot leave her his house and other assets. I am trying to get him to set up his will, but if he died tomorrow, would we receive money from the accounts we are beneficiaries to? We reside in Ohio

Related Topics:
2 Lawyer Answers

A: You will inherit anything that lists you as a beneficiary. A will only controls assets that go to probate court, which are assets not jointly owned, having no beneficiary, or not in trust.

Aaron Epling and Moshe Toron agree with this answer

A: Good question. Keep in mind that a spouse has certain rights to retirement funds depending on the type of account he has, regardless of beneficiary designations. Timing also matters in this regard. I highly recommend you sit down with a qualified professional who can evaluate the situation in more detail and advise you.

Best of luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.