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DRAGOVICH v. DRAGOVICH

No. 11 MA 200.

2012 Ohio 4114

ESTATE OF LISA DRAGOVICH, PLAINTIFF-APPELLEE, v. JEFFREY DRAGOVICH, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Seventh District, Mahoning County.

September 7, 2012.

Attorney(s) appearing for the Case

Atty. Lynn Sfara Bruno , 412 Boardman-Canfield Road, Youngstown, Ohio 44512, for Plaintiff-Appellee.

Atty. John F. Shultz , 4822 Market Street, Suite 220, Boardman, Ohio 44512, for Defendant-Appellant.

Joseph J. Vukovich, Cheryl L. Waite, Mary DeGenaro, Judges.

OPINION

VUKOVICH, J.

{¶1} Appellant Jeffrey Dragovich appeals the decision of the Mahoning County Probate Court, which dismissed his election to take against the will of Lisa Dragovich. The issue on appeal is whether a separation agreement incorporated into a judgment entry eliminates the husband's right as a surviving spouse to elect against the decedent's will, which excluded him as a beneficiary. We conclude that where a separation agreement...

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