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Husband's rights when wife inherits property and cash from a parent.

Dayton, OH |

My brother and I will each inherit two rental properties and possibly $50K in cash from our mother when she passes away. The properties and accounts are in a trust for my brother and I and state if we die before our mother that our inheritance will go to our children. I am in a second marriage, and assuming I will be living when my mother passes away, I would like for the properties I inherit to go to my only son when I die. What rights does my husband have in relation to the inherited properties? Also, if I keep the cash in a separate account in my name and my son as the beneficiary, what rights does my husband have in relation to the cash? Are there any steps that I should take to ensure my son will inherit the properties that I inherit from my mom? Will having the money in a separate account in my name prevent my husband from getting the cash when I die?

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Attorney answers 1


I would suggest that you talk to an estate planning attorney to make sure that the assets pass to your son without any complications.

There are several ways that you make sure that your son gets the assets. The best way would be to set up a trust. You would have access to the property during your life and your son would receive it at your death. Under current Ohio law a surviving spouse does not have rights to the property in a trust at your death. It may also be possible and more beneficial to leave the property in your mother's trust depending on the terms of her trust.

If you have the cash in your separate name with your son as beneficiary your husband would not have a right to the money in the account at your death under current Ohio law. Real estate can also be set up as transfer on death to your son. I would caution you not to make your son a joint owner since this could be detrimental if your son would have creditor problems or gets divorced.

An estate planning attorney should be able to look at your sitaution and advise you on the different alternatives you could pursue.

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