"Life Estate" Granted in a Will

My question involves real estate located in the State of: Ohio
My father recently passed away, and I have a question regarding the will. Some background info... Father re-married 20 years ago after our mother passed away. Father built a new house after 2nd marriage. In his will, he grants life estate to his wife for her natural life, with the home going to his children upon her death.
The deed is a general warranty deed in both father and step mother's name.
Question is, are we the children entitled to 100% of the home upon her death, or would it only be 50% due to both their names being on the deed? Thanks for any help you can provide.

First off, you have to look at the deed to see how the house was titled. If the deed specifically calls out a right of survivorship, the property is hers regardless of what the will says.

Hopefully the will is written more carefully than you've conveyed it here. Usually, the property will transfer to the heirs immediately with the life estate in effect (otherwise there wouldn't be much point in the life estate). You get half. What happens to the wife's half depends on what she sets up in her will or by the rules of intestate succession if she doesn't have one (or she's free to deed her half away while she's still alive for that matter).

Thanks for your reply.
The deed does not mention anything regarding a right of survivorship.
The will is worded as follows;
"I hereby give, devise, and bequeath to my wife (named) a life estate in the residence located at (address), and all household goods for and during her natural lifetime, and upon her death, I give, devise, and bequeath the remaining interest in said property to my children (named) in equal shares, absolutely and forever."
With this info, does it still mean that the wife is entitled to half of the property now and can will it to whomever she wants after her death since her name is on the deed along with our father's name, and the children are entitled to half, but only after her death?
Not that it probably matters legally, but my father's intent was to make sure his children ended up with the property after his (and her) death - not his wife's family (she has no children). He made his intent known to all, including his wife before his death. I guess he just didn't do everything necessary for this to happen?

Ron was speaking of the deed granting ownership to your father and his wife, not the will or deed created based on the will.

Your father could not will at least 50% of the property to anybody because he only owned 50% of the property. The wife owned and owns the other half and she can do whatever she wants to with it.

as to his 50% share; that depends on how title was held between your father and his wife. If it was joint tenancy, she owns all of it and the will is meaningless as far as the house is concerned. If it was tenants in common, then he can will his 50% as he intended but only his 50%, not his wifes.

And in Ohio there is also the question of statutory spousal interest in the other 50%.......

Ohio requires a specific reference to survivorship in the deed. Joint tenancy by itself doesn't accomplish that.

Quote:

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Quoting flyingron

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Ohio requires a specific reference to survivorship in the deed. Joint tenancy by itself doesn't accomplish that.

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I stand corrected. I knew there was some out there that required that. I should have checked.

so, wife owns 50% outright.

As to spousal claim; I'm not seeing anything other than a right to dower in the amount of a life estate interest in a 1/3 share. Unless there is something else, that is effectively allowed per the life estate directive in the will.

Now, is there a mortgage? are there any estate debts in excess of the assets exclusive of the real property?

Thanks to all who replied.
We as the children are just trying to figure out what, if any rights to the property we have either now or in the future. The relationship between the children and father's wife is, and never has been good. If we have little or no interest now or in the future, we would be inclined to part ways with her for good.
Again, thanks to all providing a helpful insight on this matter.

based on the will, you have no rights of possession of the property now. Unless there is some claim under Ohio law that would allow her to make a claim on the 50% share she doesn't currently own or some part of it and there is no need to utilize the value of your fathers share to settle debts, you would be entitled to a 50% interest with possessory rights at the death of your fathers wife. She can do whatever she wants with her 50% interest.

Under Ohio law, the surviving spouse has certain rights to elect in the estate, regardless of the nature of ownership, even if "locked" into an irrevocable trust.

While you can receive as much if your spouse's estate as he wants to leave you, there is an exception. Ohio allows spouses a share of their spouse's estate, known as an elective share or a spousal share. If, for example, you are left out of your spouse's will, you can elect to receive a portion of the estate. Your share is equal to the amount that you would have had your spouse died intestate, though you can choose not to accept it.

http://www.ehow.com/info_7997735_ohi...#ixzz1FP2SaVxZ

I have executed contested estates in Ohio. The OP needs to get the advice of a local attorney.