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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118723
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Is there dower rights when an out of state person inherits

Customer Question

Is there dower rights when an out of state person inherits ohio property and if so how can a person get around dower rights.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, OH still is one of the few states remaining that has dower rights. Under OH Revised Code 2103.02, either surviving spouse retains 1/3 interest in real estate as a life estate for any property acquired during the marriage. The only way around it is if the spouse waives those rights in writing or if they are no longer able to use or abandon that life estate provided by their dower rights.