When a spouse passes away, the surviving spouse might face challenges figuring out their financial rights. Ohio law gives the surviving spouse a choice regarding their inheritance, known as a spousal election. This election allows them to either take what the will provides or a specific share of the estate as determined by law.
The right to an election
Under Ohio law, a surviving spouse has the right to elect to receive a portion of the deceased spouse’s estate, even if the will leaves them nothing or a minimal amount. This is a powerful protection, ensuring the surviving spouse receives a fair share. The probate court handles this process, and the executor of the estate must inform the surviving spouse of their right to make this choice.
Making a spousal election
The surviving spouse must make the election in the probate court. The court typically explains the options and their consequences. Choosing to take under the will means accepting the inheritance exactly as the will describes it. Electing against the will, however, means the surviving spouse receives a set portion of the estate. The size of this portion depends on whether the deceased spouse had surviving children or other lineal descendants.
What a spousal election provides
If the surviving spouse elects against the will, the law specifies the share they will receive. If the deceased spouse had children, the surviving spouse receives one-half of the net estate. If there were no surviving children, the surviving spouse receives a larger share, typically the entire estate. This legal provision protects the surviving spouse and provides for their financial well-being after their spouse’s death.
Ohio’s spousal election law offers significant protections for surviving spouses. This legal mechanism ensures they receive a fair and equitable portion of their deceased spouse’s estate, regardless of the will’s terms.
