In Ohio do Dower Rights supercede a trust?

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In Ohio do Dower Rights supercede a trust?

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Asked on May 22, 2018 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A trust set up pre-marriage or set up during marriage with the spouse's consent is not affected by dower. ("Dower" does not impact what happened prior to marriage, and if consent were given to put property into a trust, that consent cannot be later ungiven.) Dower rights would also not have any effect on a trust set up by someone else for your spouse's benefit, such as if a family member died and money was left in trust for you spouse--your marital rights have no effect on what someone not your spouse does.
If your spouse set up the trust during marriage without your consent and with a seeming intent to keep or hide assets from you, however, then a court may be able to invalidate the trust to give you what you should get; the law does not allow someone to hide assets subject to either debts or distribution at the end of a marriage from the person(s) who are entitled to payment.


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