Full question:
My brother in law executed a will before his death. He doesn’t like my sister (his wife) at all. He left nothing for her in his Will. He was in love with another girl and left all his property to his girlfriend in his will. Can my sister claim any of her diseased husband’s property despite his will?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Ohio
Answer:
Yes, your sister can claim her elective share of her deceased husband's property. In Ohio, she is entitled to an elective share, which allows her to choose a portion of the estate as if her husband had died without a will. This means she can elect to receive a share of the estate according to Ohio law, specifically under ORC Ann. § 2106.01. The process involves the probate court issuing a citation to her to decide whether to take under the will or under the intestate succession laws (ORC Ann. § 2105.06). If she chooses the intestate share, she may receive up to one-half of the net estate if there are no surviving children, or one-third if there are children. Your sister must make this election within five months of the appointment of the estate's administrator or executor. If she does not act within this time, she will be presumed to have accepted the terms of the will (ORC Ann. § 2106.04). For more details on the process and rights of a surviving spouse, users can search for state-specific legal templates at .This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.