Can my father's wife deny us his possessions without a will?

Full question:

My father died May 2005 without a will. He left a CD payable upon death to my brother and me from the sale of a farm he had purchased before marrying his second wife that has been paid out. His current wife was to get the house, 2 cars, bank accounts, and retirement funds, etc. His wish was for all the tools, guns, and personal possessions be appraised first and then sold in auction for the best price. He wanted for my brother and me to have first bid on anything we wanted before the public auction. It's been almost 3 years and his wife is still grieving and has not done anything to fulfill his wish. Because neither of them could agree on a will, he said we would have to fight for what we want and pay her for it. Can she hold off and leave it to her daughter and leave my brother and me out? I've been told we got our part and that was all we were entitled to. As far as personal possessions, such as rings, watches etc, it's up to the wife if she wants to allow us to buy them. Is it true that there is absolutely no way my brother and I could legally get her to have an auction without a will. What if she passes and leaves it all to her daughter? These are my father's possessions; is there anything we can do legally to get his possessions?

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

Answer:

According to Ohio law, when a person dies without a will (intestate), their property is distributed based on specific rules. If there is a surviving spouse and children, the spouse may inherit a portion of the estate, depending on the circumstances. In your case, since your father had a surviving spouse and children (you and your brother), the distribution will follow these guidelines:

(A) If there is no surviving spouse, the estate goes to the children.
(B) If there is a spouse and one or more children, the spouse may inherit the entire estate if all children are also the spouse's children.
(C) If there is a spouse and one child, the spouse receives a set amount plus half of the remaining estate, with the rest going to the child.
(D) If there are multiple children, the spouse receives a set amount plus one-third of the remaining estate, with the rest divided among the children.

Since your father passed away without a will, his personal possessions, including tools and personal items, are subject to these laws. The surviving spouse has some control over the distribution of personal property, which means she could potentially decide to auction items or sell them privately. However, your father’s wishes regarding an auction and your first right of refusal may not be legally binding without a will.

If your father's wife does not fulfill his wishes and passes away, she could leave her estate, including your father's possessions, to her daughter, potentially excluding you and your brother. Unfortunately, without a will, it may be challenging to enforce your father's wishes legally.

For further assistance, consider consulting with an attorney who specializes in estate law to explore your options.