When you aren’t the first spouse

By Beth Newcomb

It’s never easy when a parent or spouse dies. Adding insult to injury is the tangled web that’s woven when that person dies without a will. 

John J. Urban, an attorney who has concentrated in estate management since the mid ‘70s, describes the situation facing one family in exactly those circumstances. 

“The husband died and his house was worth over $300,000,” John begins.

“Although he was remarried, the house was titled in only his name. He also had no will. He had one child from a previous marriage and one from his current marriage. Since he didn’t have a will, the state of Ohio wrote his will for him and determined how his estate should be distributed. In this case, each of the children and the surviving spouse received a percentage of his estate.”

The surviving spouse, John says, was surprised to say the least. 

“She thought because she was his wife the absence of a will didn’t matter,” he adds. “The problem is that it did. If her husband had a will and she had been properly titled on the house, she would have inherited everything.”

The complexities involved in estate matters where there is a blended family can result in unpleasant consequences if you don’t plan properly. 

“In this case, there are a lot of bad feelings that could have been avoided,” John notes. “If the wife had been mother to both kids, this would not have happened.” 

John is offering a free document review for people who have estate planning documents in place, so they can be certain everything is in order. Call for an appointment to get the process started.

For Mimi readers, John provides a free legal services consultation in person or on the phone and offers his services at a contracted discount rate. Be sure to mention this story when you schedule an appointment. House calls and select evening appointments available.

To reach attorney John J. Urban, call 440-846-0000, ext. 227. His offices are located at 11221 Pearl Road, in Strongsville. Visit the website at JJUrbanLaw.com.