In this article from the Probate Law Journal of Ohio, Karen Davey discusses the proposed legislation that expands the surviving spouse’s rights beyond the decedent’s probate estate, establishing the “augmented estate.” The article examines why Ohio needs this law and the status of the proposed law. Two controlling cases in Ohio Smyth v. Cleveland Trust and Dumas v. Estate of Dumas are addressed relative to the surviving spouse and the augmented estate.
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