Can my husband prepare a Will behind my back?

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Can my husband prepare a Will behind my back?

I just found out that my husband prepared a Will without telling me. He mentions me as the executor in this Will but I had no knowledge of it. He also lists who the guardian of our daughter would be in case both of us should die. I was not aware of this either. He then had 2 people sign this document as witnesses to it. Can he legally prepare a Will without my consent? Can he list guardianship of our daughter without my consent?

Asked on August 8, 2011 Ohio

Answers:

Jack Moser, Jr. / Jack Moser Law

Answered 9 years ago | Contributor

A last will and testament is a document that sets forth what the one writing the will (the "testator") desires to see happen to his or her possessions and legacies upon death. Unfortunately, your husband has the right to prepare a will separate and apart from you and your own affairs. If you are listed as executor you can always inform the court once the will has been filed for probate that you do not desire the position of executor. As for the guardianship of your daughter, that is a rather complex issue, as there is not sufficient information to determine whether the daughter is a step-daughter situation or natural birth. If it is the latter, then you would have the right to contest the guardianship and it is more likely than not that as the natural birth mother you would prevail. If it is the former, then the contest probably would be more difficult. You should contact an attorney when estate and trusts matters cross-over into family law issues. If you are in the central Ohio area, visit Jack Moser Law at our website http://jmoserlaw.com for more information on these issues.


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