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Should personal property be included in my dad's estate?

Should personal property be included in my dad's estate?

Full question:

My dad passed away in October and the estate has been opened since 11/26, I have not heard anything from my step-mothers lawyer as of yet. She tells me that everything is hers except the stocks. Should his personal property be included? Items such as jewelry, tools, farm equipment and live stock. They had a quilt shop together. The land around the house was on land contract, I just want to be fair and would like some personal items of my dads.

Category: Wills and Estates
Date: 04/07/2025
State: Ohio

Answer:

The inclusion of personal property in your dad's estate depends on whether he had a will. If he died without a will (intestate), Ohio law determines how his property is distributed. According to Ohio Revised Code 2105.06, personal property is distributed as follows:

If there is no surviving spouse, the property goes to the children or their descendants.
If there is a spouse and children, the spouse may inherit the entire estate if all children are also the spouse's children.
If there is a spouse and at least one child who is not the spouse's child, the spouse receives a specified amount plus a portion of the estate, with the remainder going to the child or children.
If there is no spouse or children, the estate goes to parents, siblings, grandparents, or other relatives, in that order.

In your case, if your dad had personal items such as jewelry, tools, farm equipment, and livestock, these would typically be included in the estate unless otherwise specified in a will. It's important to communicate with your stepmother's lawyer to clarify the situation and express your interest in obtaining some personal items of your dad's.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long does an estate stay open after death?

The duration an estate remains open can vary. In general, estates are typically open for at least six months to allow creditors to make claims. However, the process can take longer depending on the complexity of the estate and any disputes that arise. In Ohio, the probate court oversees the estate and can provide specific timelines based on the circumstances. It's essential to stay in contact with the executor or the attorney handling the estate for updates on its status.

How long do you have to settle your parents estate?

In Ohio, there is no strict deadline for settling an estate, but it generally should be completed within one to two years. The probate process involves various steps, including notifying creditors and distributing assets, which can take time. If the estate is complex or if disputes arise, it may take longer. It's advisable to communicate regularly with the executor or attorney managing the estate for updates.

What is a child entitled to when a parent dies without a will in Canada?

In Canada, if a parent dies without a will (intestate), the distribution of the estate varies by province. Generally, children are entitled to a share of the estate, often equally divided among them. Each province has its own laws governing intestacy, so it's important to refer to the specific laws in the province where the parent lived. Consulting with a legal professional can provide clarity on entitlements.

Am I entitled to anything if my father died?

If your father died without a will in Ohio, you may be entitled to a share of his estate as his child. Under Ohio law, if there is no surviving spouse, the estate typically goes to the children. The exact amount you receive can depend on various factors, including whether there are other children or surviving relatives. It's advisable to consult with an attorney for guidance based on your specific situation.

How do I know if my dad had a will?

To determine if your dad had a will, start by checking his personal documents, including safe deposit boxes, file cabinets, or with his attorney. If you cannot find a will, you may also contact the probate court in the county where he lived to see if a will has been filed for probate. Additionally, family members or close friends may have information about any estate planning he may have done.

What am I entitled to if my dad dies?

If your dad dies without a will in Ohio, you are typically entitled to a share of his estate as his child. The distribution will depend on whether he had a surviving spouse or other children. If there is no spouse, you would generally inherit the estate. If there are disputes or complexities, consulting with an attorney can help clarify your rights and entitlements.