COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.PROBATE COURT OF TRUMBULL COUNTY, OHIO THOMAS A. SWIFT, JUDGECalendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)ESTATE OF: CASE NO. SUMMARY OF GENERAL RIGHTS OF SURVIVING SPOUSE [R.C. 2106.02]To: Surviving SpouseAddressCity, State, Zip Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .This is a summary of your rights as surviving spouse under Chapter 2106 of the Revised Code. Many of these rights have specific time limits in which they must be exercised. If you have questions concerning your rights, you should discuss them with an attorney of your choice. The Court cannot advise you. 1.THE PEOPLE OF THE STATE OF NEW YORK TOElection to Take Under or Against the Will (R.C. 2106.01-2106.08)GREETINGS:If you elect to take against the Will, you are entitled to one-half of decedent's net estate, unless there are two or more of decedent's children or their lineal descendants surviving, in which case you are entitled to one-third of decedent's net estate. You will not be entitled to receive any assets given to you pursuant to the Will. If you elect to take under the Will, you will receive those assets given to you under the Will. Whichever choice you make, (unless you elect to take under the Will and the Will specifically precludes you from these rights) you will not be barred from your rights to purchase certain assets at the appraised value, to remain in the family home for one year, to receive an allowance for support, to receive not more than two automobiles and one boat and motor owned by decedent, and to such other rights as a surviving spouse may be entitled under law. Although your election may not affect certain non-probate property, such as joint and survivorship, payable on death, and transfer on death property, it may have an effect on other types of non-probate property, including property held in trust. Before making your election, you are entitled to file a complaint in this Court asking that the Will be construed. If you elect to take under the Will, you must do so in writing if you wish, but you may also do so by taking no action.If you elect to take against the Will, you must do so in person before the Probate Judge or a Magistrate. This election must be exercised within five months from the date of the initial appointment of the administrator or executor of the estate or it is forfeited. 2.WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)Attorney(s) forRight to Receive Mansion House (R.C. 2106.10)Depending upon the value of the real estate, you may have the right to receive the mansion house (the residence) as part of your inheritance. 3.Office and P.O. AddressRight to Place Charge on Real Estate (R.C. 2106.11)If there is no will and there are insufficient assets to pay the specific monetary amount due to the surviving spouse pursuant to 2106.05, you have the right to place a charge (lien) on any real estate subject to the probate estate in the amount of the unpaid portion of the specific monetary share.Telephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:1/1/02FORM 8.3-SUMMARY OF GENERAL RIGHTS OF SURVIVING SPOUSEAmerican LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OFCASE NO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.4.Allowance for Support (R.C. 2106.13)Calendar No.You may be entitled to an allowance for support. For deaths after March 18, 1999 the amount is $40,000 of probate assets. If there are one or more minor children of the deceased spouse, not the children of the surviving spouse, the court will apportion the allowance among those children and the surviving spouse. 5.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)Right to Live in the Mansion House (R.C. 2106.15)You have the right to remain in the mansion house (the residence), if it is a probate asset, for a period of one year from the date of death without the payment of rent to the estate. If the mansion house is sold to pay debts during this period of time, you may be entitled to the fair rental value of the mansion house. This election must be exercised within five months from the initial appointment of the administrator or executor or the right is forfeited.6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Right to Purchase Property (R.C. 2106.16)THE PEOPLE OF THE STATE OF NEW YORK TOYou may have the right to purchase assets of the estate at the appraised values. The application or petition to purchase the assets must be filed within one month of the approval of the inventory or the right is forfeited. 7.Right to Automobiles (R.C. 2106.18)You may be entitled to receive up to two automobiles, not specifically bequeathed, that would otherwise be included in the probate estate that do not exceed an aggregate value of $40,000. This election may affect the amount you may receive under the Allowance for Support. This election must be exercised within five months from the initial appointment of the administrator or executor or the right is forfeited. 8.GREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,Right to Watercraft and Motor (R.C. 2106.19)located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomYou may be entitled to receive one watercraft and one outboard motor, not specifically bequeathed, that would otherwise be included in the probate estate. This election must be exercised within five months from the
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