What Happens in Ohio if a Divorcee Dies Before Transferring Property or Assets as Divorce Court Ordered?
How Assets are to be Divided After the Passing of a Spouse During the Divorce Decree
The question was recently  posed to me as to what happens if, after a valid and enforceable Decree of Divorce, Dissolution or Legal Separation is filed, one of the spouses or ex-spouses dies before the division of assets can be fully completed.  Does the ex-spouse or spouse still retain an interest in an asset that has been released by the Court Order?  Two possible scenarios may arise, and each will be addressed separately.
Husband Passes First:
Let’s address the situation when the husband passes first.  What about those assets in which wife released or no longer had any interest, yet she remains either a beneficiary or a joint survivorship owner when husband dies?  By operation of law, you would think that those assets would pass to her regardless of the Court Decree, but a quick look to Ohio statutory law helps answer this question.  With respect to joint and survivorship real property, Ohio Revised Code specifically states that if a husband and wife own real estate  … Read More... “Divorce Assets In Ohio – Survivorship Benefits For Spouse”