Second marriage

[stateagg]

What is the name of your state (only U.S. law)? Ohio

My husband have been married (second marriages for both of us) about three years. We haven't made a new will. We each have one though. Is that will void now since we're married?

 

[anteater]

No, the will itself is not void. But I believe that Ohio law follows the uusal norm that would make a devise in the will to the former spouse null and void.

Don't scrimp. Have the wills reviewed and re-written.

 

[stateagg]

Thanks for the quick reply. I had my will re-written in 1999 after my divorce. My three adult kids would share the inheritance. I just don't want them left out. My husband has three adult kids also and feels the same way. I have split the beneficiaries on my life insurance and other funds with my husband and kids - pod.

 

[anteater]

Just be aware that a surviving spouse has the right to what is called an "elective share" of the deceased spouse's estate. As the name implies, the surviving spouse must proactively choose to take that share. It is not automatic. But the surviving spouse does have that right.

Here are the Ohio statutes on surviving spouse rights;

Lawriter - ORC - CHAPTER 2106: RIGHTS OF SURVIVING SPOUSES