KNOW YOUR RIGHTS AS A SURVIVING SPOUSE
The Right to an Allowance for Support In Ohio, every surviving spouse is entitled to the “year’s allowance,” a single payment of $40,000 from probate assets. If the former spouse passed without a will, the surviving spouse would receive this allowance in addition to their elective share. This fund will also be reduced and split if descendants are not from the surviving spouse. The Right to Remain in the Mansion House Surviving spouses have the right to stay in the home without worrying about creditors. This is called a homestead exemption and prevents spouses from becoming homeless after their significant other’s passing. Ohio law ensures that the spouse is permitted to remain in the house for up to one year from the date of their spouse’s passing without paying rent. Again, this right must be exercised within five months of the first appointment of the administrator. While this is only half of your rights as the surviving spouse, we will discuss the rest in next month’s newsletter. If you need immediate legal advice about your rights as a surviving spouse, then you can reach out to us by calling (740) 346-2899.
If you recently lost your spouse, you’re likely dealing with overwhelming grief and confusion. But even in this difficult time, there are challenging legal and inheritance obligations that you have to attend to. Knowing your rights as the surviving spouse is vital. The Right to Take Against the Will Also known as an elective share or elective right, this law ensures that the surviving spouse can receive a percentage of their partner’s assets even if they weren’t included in the will. The surviving spouse will have five months to decide if they would rather abide by the will as it is or receive their elective share. This share can be up to half of their spouse’s assets but less than that if there are descendants of the deceased who aren’t the surviving spouse’s children. The Right to Receive the Mansion House This right depends on whether the deceased has children or parents still alive. If they don’t, the surviving spouse will receive the entirety of the property. However, if descendants are involved, the surviving spouse will need to split the estate, both real and personal, with them. The amount is entirely dependent on how many children there are. “I met with Attorney Littlejohn to review my estate planning options. He was well-prepared and clearly delineated the pros and cons of four possible options. He thoroughly answered my questions and waited patiently while I took notes. After each option, I repeated the information as I understood it, and he concurred or explained any misconceptions. I felt no pressure to make a quick decision, and I appreciated the time he devoted to assisting me in planning my estate. I highly recommend this attorney and will hire him when I make my decision regarding which option to pursue.” Testimonial
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