Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
Her estate consists of her half of marital property and her separate property.Her will can dispose of that and nothing more.You have right here to will your half of marital property and your separate property as well.
The surviving spouse here has additional rights by law to her/his estate.
Here they are..
You are given elections during probate even if she wills it to her kids..
The surviving spouse can elect to remain in the family home free of rent for one year following decedent’s death. If the house must be sold within the year to pay debts, the surviving spouse must be compensated for the unexpired term. This is also a priority claim. The interest in the mansion house includes not only use of the house, but also adjacent lots or farm as well as the household goods.
You also get two vehicles and a share of the estate as set out in the reference site above.
Either surviving spouse gets to make these choices under the law.As you can imagine it is more likely for the woman to out live the man but that doesn't always happen.The law applies to whoever the survivor is.
I appreciate the chance to help you tonight.Please let me know if you have more followup.Thanks again.
The bot***** *****ne is you do have rights if you survive you get cars, a month in the house and a share of the estate even if she leaves you out of the will.Ohio is very generous in that regard.