Can I disinherit my spouse or child in Ohio?

1. Spousal Disinheritance. Ohio is a separate-property state. Under Ohio Rev. Code § 2106.01, a surviving spouse may elect against the will and take an intestate share — one-half of the net estate if the decedent left one or no children, or one-third if the decedent left more than one child.

2. Augmented Estate. Ohio has not adopted the UPC augmented-estate concept; the spousal election applies primarily to the probate estate.

3. Elective Share Procedure. The election must be made within five months after the initial appointment of the executor or administrator under Ohio Rev. Code § 2106.06. The probate court must issue a citation describing the rights and consequences; failure to elect within the time period is deemed a decision to take under the will.

4. Pretermitted Child. Under Ohio Rev. Code § 2107.34, a child born or adopted after the will (or a child unknown to the testator at execution) receives the share they would have taken in intestacy unless the will expressly mentions the possibility.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Ohio.

7. Prenuptial / Postnuptial Waiver. Ohio enforces premarital agreements under common law (Ohio law permits postnuptial agreements after 2023 amendments to Ohio Rev. Code § 3103.06) provided there is fair disclosure and voluntary signing.

8. Homestead, Family Allowance, Exempt Property. Surviving-spouse allowance for support of $40,000 under Ohio Rev. Code § 2106.13, regardless of will provisions. Right to remain in mansion house for one year under § 2106.15.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; contest must be filed within three months after the certificate of notice of probate is filed under Ohio Rev. Code § 2107.76.

This is legal information, not legal advice.