Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

In re Estate of Cross

Supreme Court of Ohio
664 N.E.2d 905 (1996)


Beulah Cross (defendant) was almost eighty years old, suffering from Alzhiemer’s disease and living in a nursing home paid by Medicaid when her husband, Carroll R. Cross died and left his entire estate to Ray G. Cross (plaintiff), who was Carroll’s son but not Beulah’s child. Due to her disease, Beulah was not competent to decide whether to elect under R.C. 2106.01 to take her spousal share of the estate. Pursuant to R.C. 2106.08, the probate court appointed a commissioner to decide whether the probate court should elect, on Beulah’s behalf, for her to receive her spousal share. Under R.C. 2106.08 the court must consider the available resources, age and life expectancy, “physical and mental condition,” and “present and reasonably anticipated needs” of the spouse to determine whether election of a spousal forced share “is necessary to provide adequate support for the surviving spouse.” The commissioner investigated Beulah’s circumstances and determined that the court should elect for Beulah to receive her spousal forced share. Ray appealed the probate court’s determination, asserting that Beulah’s expenses were fully paid by Medicaid and therefore she did not need the spousal share for her support and maintenance. The court of appeals reversed the probate court, ruling that taking her forced spousal share against the will was not in Beulah’s best interests because the expenses for her care and maintenance at the nursing home were paid by Medicaid. Since Beulah died while the appeal in the court of appeals was pending, the administrator of her estate, and an intervening party, Cuyahoga County Board of Commissioners, appealed to the Supreme Court of Ohio.

Rule of Law


Holding and Reasoning (Sweeney, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 372,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial