In re Estate of Cross

Beulah Cross (defendant), nearly eighty and suffering from Alzheimer's while living in a Medicaid-funded nursing home, was omitted entirely from the will of her husband Carroll, who left his estate to his son Ray Cross (plaintiff) from a different relationship; because Beulah lacked competence to decide whether to elect a spousal share under Ohio law, the probate court appointed a commissioner who, after investigating Beulah's resources, age, life expectancy, and needs, recommended the court elect the spousal share on her behalf. Ray appealed, arguing Beulah's care was already fully covered by Medicaid so she didn't need the share for support; the court of appeals agreed with Ray and reversed, but Beulah died during that appeal, and her estate administrator and an intervening county board appealed to the Ohio Supreme Court.