What are a widow’s rights and responsibilities regarding dead husband’s business partnership?

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What are a widow’s rights and responsibilities regarding dead husband’s business partnership?

He owned a pizza job with a partner. After his death, does the wife have to take on this asset or can she just walk away?

Asked on July 3, 2019 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If she is not currently herself a partner in or owner of the business, she has the right to not inherit it from her husband (anyone can turn down any part of a inheritance which they wish; you can't be forced to inherit) and so walk away from it. She will not be liable for anything if she is not a partner or owner and refuses to take it. She should check with the probate court for the proper paperwork and procedure to turn down an inheritance and "disclaim" it.


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