In Ohio do Dower Rights supercede a trust?

UPDATED: May 22, 2018

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 22, 2018Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

In Ohio do Dower Rights supercede a trust?


Asked on May 22, 2018 under Family Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption