Tag Archives: election against will

What is a Dower Right?

deedFor lack of a better word, dower is an “automatic” right in and to certain property provided to a spouse in the property of the other spouse, especially in death. Property includes real property and money, choses in action [a right to sue], evidences of debt [a right to repayment, like under a promissory note], and other personal property. In Ohio, dower is statutory and is found under Ohio Revised Code Section 2103.01 through 2103.09. Continue reading

My spouse recently passed away, and I found a Will that disinherits me: Do I have any rights?

surviving spouseThis can be a difficult and scary situation to be in. Fortunately, Ohio law does provide protections for a disinherited surviving spouse. Meeting with an experienced probate attorney is a must in this situation to timely and effectively protect your rights.

As a surviving spouse in Ohio, you have many rights provided by law. Specifically, Ohio Revised Code Chapter 2106 provides the details of rights of a surviving spouse.  A brief overview of these rights is provided below. There are very specific timelines and procedures to follow, so do not delay in meeting with your attorney to make sure everything is handled properly.​ Continue reading