Summary Of General Rights Of Surviving Spouse Form. This is a Ohio form and can be use in Trumbull County (Court Of Common Pleas).
Tags: Summary Of General Rights Of Surviving Spouse, 8.3, Ohio County (Court Of Common Pleas), Trumbull
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. PROBATE COURT OF TRUMBULL COUNTY, OHIO : Calendar THOMAS A. SWIFT, JUDGE No. : JUDICIAL SUBPOENA Plaintiff(s) ESTATE OF: _____________________________________________________________________ -against- : CASE NO. _____________________ : SUMMARY OF GENERAL RIGHTS OF SURVIVING SPOUSE [R.C. 2106.02] : To: _____________________________________Defendant(s) __________________________________________ : Surviving . . . . . . . . . . . . . . . . . . . . . .Spouse. . . . . . . . . . . . . . . . . . . . . . . . . .Address . ..... _____________________________________________________ City, State, Zip Code THE PEOPLE of your rights as NEW YORK This is a summaryOF THE STATE OF surviving spouse under Chapter 2106 of the Revised Code. Many of these rights have specific time limits in which they must be exercised. If you have questions concerning your rights, you should discuss them with an attorney of your choice. The Court cannot TO advise you. 1. Election to Take Under or Against the Will (R.C. 2106.01-2106.08) GREETINGS: If you elect to take against the Will, you are entitled to one-half of decedent's net estate, unless there are two or more of decedent's children or their lineal descendants surviving, in which case you are entitled to one-third WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before of decedent's net estate. You will not be entitled to receive any assets given to you pursuant to the Will. , the Honorable at the Court located at County of If you elect to take under the Will, you will receive those assets given to you under the Will. in room , on the day of , 20 , at o'clock in the noon, and at any recessed Whichever choicedate, to testify and give evidenceto take under the Will and the Will specifically precludes you or adjourned you make, (unless you elect as a witness in this action on the part of the from these rights) you will not be barred from your rights to purchase certain assets at the appraised value, to remain in the family home for one year, to receive an allowance for support, to receive not more than two automobiles and one boat and motor owned by decedent, and to such other rights as a surviving spouse may Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to be entitled under law. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Although youryour failure to comply. certain non-probate property, such as joint and survivorship, payable on result of election may not affect death, and transfer on death property, it may have an effect on other types of non-probate property, including property held in trust. Witness, Honorable , one of the Justices of the Court in County, day of , 20 Before making your election, you are entitled to file a complaint in this Court asking that the Will be construed. If you elect to take under the Will, you must do so in writing if you wish, but you may also do so by taking no action. (Attorney must sign above and type name below) If you elect to take against the Will, you must do so in person before the Probate Judge or a Magistrate. This election must be exercised within five months from the date of the initial appointment of the administrator or executor of the estate or it is forfeited. Attorney(s) for 2. Right to Receive Mansion House (R.C. 2106.10) Depending upon the value of the real estate, you may have the right to receive the mansion house (the residence) as part of your inheritance. Office and P.O. Address 3. Right to Place Charge on Real Estate (R.C. 2106.11) If there is no will and there are insufficient assets to pay the specific monetary amount due to the surviving Telephone No.: spouse pursuant to 2106.05, you have the right to place a charge (lien) on any real estate subject to the Facsimile No.: probate estate in the amount of the unpaid portion of the specific monetary share. E-Mail Address: Mobile SURVIVING SPOUSE FORM 8.3-SUMMARY OF GENERAL RIGHTS OFTel. No.: 1/1/02 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : 4. Allowance for Support (R.C. 2106.13) 5. Index No. Right to Live in the Mansion House (R.C. 2106.15) 6. CASE NO: _____________________ Right to Purchase Property (R.C. 2106.16) : Calendar No. You may be entitled to an allowance for support. For deaths after March 18, 1999 the amount is $40,000 of : probate assets. If there are one or more minor Plaintiff(s) the deceasedJUDICIAL the children of the children of spouse, not SUBPOENA surviving spouse, the court will apportion the allowance among those children and the surviving spouse. -against: : You have the right to remain in the mansion house (the residence), if it is a probate asset, for a period of one year from the date of death without the payment of rent to the estate. If the mansion house is sold to pay debts : during this period of time, you may be entitled to the fair rental value of the mansion house. This election must Defendant(s) be exercised within five months from the initial appointment of the :administrator or executor or the right is ...................................................... forfeited. THE PEOPLE OF to purchase assets of the estate at the appraised values. The application or petition to You may have the rightTHE STATE OF NEW YORK purchase the assets must be filed within one month of the approval of the inventory or the right is forfeited. TO 7. Right to Automobiles (R.C. 2106.18) You may be entitled to receive up to two automobiles, not specifically bequeathed, that would otherwise be included in the probate estate that do not exceed an aggregate value of $40,000. This election may affect the GREETINGS: amount you may receive under the Allowance for Support. This election must be exercised within five months from the initial WE COMMANDthe administrator or executor or the right is aside, you and each of you attend before appointment of YOU, that all business and excuses being laid forfeited. , the Honorable at the Court Right to Watercraft and Motor (R.C. 2106.19) located at County of in room on the , 20 , at o'clock in the noon, and at any recessed You may be entitled to,receive one day of watercraft and one outboard motor, not specifically bequeathed, that would or adjourned date, to the probate estate. This a witness in this action on the part of the otherwise be included in testify and give evidence aselection must be exercised within five months from the initial appointment of the administrator or executor or the right is forfeited. 8. 9. Right to Reimbursement of Funeral Bill (R.C. 2106.20) Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to You mayparty on whosebe reimbursed for the paymentfor the funeral bill. the be entitled to behalf this subpoena was issued of a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 10. Right to Challenge Antenuptial or Separation Agreement (R.C. 2106.22) Witness, Honorable , one of the Justices of the You are entitled to file an action to declare the validity of an antenuptial or separation agreement. This action must Court in within four months of the appointment of the20 be filed County, day of , executor or administrator. This is a summary of your general rights. There may be additional rights to which you are entitled. (Attorney must sign above and type name below) _____________________________________ THOMAS A. SWIFT Attorney(s) for JUDGE By: _________________________________ Deputy Clerk Ohio Revised Code § 2106.25 states: Office and P.O. Address Unless otherwise specified by a provision of the Revised Code or this section, a surviving spouse shall exercise all rights under Chapter 2106 of the Revised Code within five months of the initial appointment of an executor or administrator of the estate. It is conclusively presumed that a surviving spouse has waived any right not exercised within that five-month period or within any longer period of time allowed by the court pursuant to this section. Upon the filing of a motion to extend the time for exercising a right under Chapter 2106 of Telephone No.: the Revised Code and for good cause shown, the court may allow further time for exercising the right that is the subject of the motion. Facsimile No.: E-Mail Address: FORM 8.3-SUMMARY OF GENERAL RIGHTS OFTel. No.: Mobile SURVIVING SPOUSE 1/1/02 American LegalNet, Inc. www.USCourtForms.com