In Ohio a spouse can choose to take under the will which means she can get the assets the husband provided for the spouse under the will. A spiouse can also elect to take against the will.
If the spouse elects to take against the Will, She is entitled to one-half of decedent's net estate, unless there are two or more of decedent's children or their lineal descendants surviving, in which case she is entitled to one-third of decedent's net estate. She will not be entitled to receive any assets given pursuant to the Will.
She may also be entitled to a family allowance of $40,000, up to 2 cars, right to live in the marital home, right to purchase assets at apparaised value, right to a watercraft.
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Attorney
OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.