Rights of the Surviving Spouse
In Ohio, regardless if the surviving spouse was named in a spouse's Last Will and Testament, he or she has specific rights concerning a deceased spouse's estate. These rights exist to ensure that a surviving spouse is treated fairly by the estate of a deceased spouse.
Fair treatment of the surviving spouse
It is important to understand these rights must be exercised in a timely fashion while following specific guidelines prescribed by law. Failure to follow the guidelines in a timely manner can negatively impact the rights of a surviving spouse.
The rights of the surviving spouse can be exercised to maximize the allocation of estate assets to benefit the entire family (such as in instances of insolvent estates). The surviving spouse can also exercise those rights to ensure the receipt of certain assets as defined by law.
We understand that losing your spouse is stressful, especially if the loss was unexpected. We can assist you in dealing with the loss, while helping you protect your your rights as surviving spouse.
Our probate attorneys possess the knowledge and expertise to help you protect your rights. Contact an attorney at the Probate Division of The DiCello Law Firm today to learn more, or to schedule a free initial consultation (440) 530-3605.