In re Estate of Cross case brief summary
664 N.E.2d 905 (1996)
CASE FACTS
Husband died testate leaving his entire estate to his son, who was not a child of the surviving spouse. The surviving spouse was living in a nursing home paid by Medicaid. Due to her incompetency, she was unable to make an election under Ohio Rev. Code Ann. § 2106.01as to whether she should take against her husband's will. The probate court appointed a commissioner, who determined that the probate court should elect for spouse to take her intestate share under Ohio Rev. Code Ann. § 2105.06 and against the will. The appellate court reversed, finding that the election to take against the will was against spouse's best interest and was not necessary to provide her adequate support because the cost of her nursing home care was already covered by Medicaid.
DISCUSSION
CONCLUSION
The court reversed an order of the appellate court reversing a determination that the probate court should elect for spouse to take her intestate share and against the will of her deceased husband. The court found that in order to maintain spouse's Medicaid eligibility and to continue to have her nursing home expenses provided for by public assistance, the probate court was required to elect for her to take against the will.
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664 N.E.2d 905 (1996)
CASE SYNOPSIS
Appellant administrator of
spouse's estate sought review of a decision of the Court of Appeals
for Cuyahoga County (Ohio) that reversed a determination that the
probate court should elect for spouse to take her intestate share
under Ohio Rev. Code Ann. § 2105.06 and against the will
of her deceased husband.CASE FACTS
Husband died testate leaving his entire estate to his son, who was not a child of the surviving spouse. The surviving spouse was living in a nursing home paid by Medicaid. Due to her incompetency, she was unable to make an election under Ohio Rev. Code Ann. § 2106.01as to whether she should take against her husband's will. The probate court appointed a commissioner, who determined that the probate court should elect for spouse to take her intestate share under Ohio Rev. Code Ann. § 2105.06 and against the will. The appellate court reversed, finding that the election to take against the will was against spouse's best interest and was not necessary to provide her adequate support because the cost of her nursing home care was already covered by Medicaid.
DISCUSSION
- On appeal, the court found that in order to maintain Medicaid eligibility and to continue to have her nursing home expenses provided for by public assistance, the probate court was required to elect for spouse to take against the will.
- Otherwise, the court found that spouse would have been deemed ineligible for benefits for failing to avail herself of a potential income.
- Therefore, the court reversed the appellate court judgment.
CONCLUSION
The court reversed an order of the appellate court reversing a determination that the probate court should elect for spouse to take her intestate share and against the will of her deceased husband. The court found that in order to maintain spouse's Medicaid eligibility and to continue to have her nursing home expenses provided for by public assistance, the probate court was required to elect for her to take against the will.
Suggested Study Aids For Wills, Trusts & Estate Law
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