My father passed away unexpectedly last week, and we just received his Will. To our shock, it still lists his ex-wife as the executor, even though they have been divorced for nearly a decade. Their marriage ended badly, and I believe he meant to update the Will but never got around to it.
Now, his ex-wife has contacted us, saying she plans to change the locks on the house and sell everything, distributing the assets however she sees fit. This feels incredibly unfair, and my brother and I are concerned about our rights in this situation.
Can we contest the Will and have her removed as executor? What steps do we need to take to protect our interests? We live in Ohio, so any advice on our rights and options would be greatly appreciated. TYIA
Just a quick tip:…get a lawyer who works in the county where the probate will be filed, even if it means you have to travel. I’m in Ohio too, and having a lawyer from Clermont County deal with the Warren County courts was not great.
A divorce almost certainly will remove her as first choice for executor even though she’s mentioned as such in the will. I’d be willing to bet there is a statute directly addressing this.
The divorce cancels her nomination as executor and any property benefits she might have received. According to Ohio law, if a person gets divorced after making a Will, any appointments or gifts to their ex-spouse are revoked unless the Will specifically states otherwise. You can find the details in Ohio Revised Code Section 2107.33.
This is an enormous help! I was hoping this would be the case and makes total sense. I appreciate you taking your time to respond. I will definitely bring this to the lawyers attention tomorrow.
Get a lawyer as soon as possible. Doesn’t the divorce mean any benefits for the ex-spouse are revoked? She shouldn’t have any rights or interests beyond what was in the property settlement at the time of the divorce.