Ohio law affords surviving spouses important rights and benefits. In order to preserve all rights and benefits granted under the law, a surviving spouse must adhere to time-sensitive deadlines provided by statute. The failure to meet one of the probate deadlines can cause a surviving spouse to lose one or more spousal entitlements.
What if a Spouse Dies Without a Will?
Election To Take Under or Against a Will
Right to Receive/Remain in Mansion House
Allowance for Support
A surviving spouse may be entitled for an allowance for support. See Ohio Rev. Code Ann. § 2106.13. The allowance for support amount is $40,000 in money or property. If there are one or more minor children of the decedent, not the children of the surviving spouse, this Court will apportion the allowance among those children and the surviving spouse. Please note that the surviving spouse is entitled to receive up to two selected automobiles. The allowance for support amount will be set off against this election for automobiles, if made.
Effect of Subsequent Marriage?
A will executed by an unmarried person is not revoked by a subsequent marriage. See Ohio Rev. Code Ann. § 2107.7.
Social Security Death Benefit
Requirement to File Known Will
What If I Cannot Afford a Probate Lawyer to Represent Me In Procuring My Surviving Spouse Rights?
Contact the probate lawyers of Clark Skatoff for a no-obligation consultation at (561) 842-4868.