Blended Families Need Careful Estate Planning

When planning for a blended family, it is important to keep a few things in mind. In Ohio, a surviving spouse has certain rights at the death of their spouse. These rights include the ability to take certain vehicles outside of probate, a superior right to administer an estate if the deceased spouse did not have a will, and the right to “take against the will.” The right to take against the will allows a surviving spouse to inherit almost what he or she would inherit if the deceased spouse passed without a will.

When designing an estate plan, it isn’t always easy to determine how to equally divide assets between a spouse and children. It may be difficult to anticipate what everyone’s future needs will be. If the plan is to fairly treat a surviving spouse and surviving children, you need to make sure that your attorney plans for the possibility that a surviving spouse could take against the will. Planning for this possibility can avoid a lot of headaches down the road.