How will the property be distributed amongst a surviving spouse and stepson’s family in the absence of a will in Ohio?

Full question:

My husband and his son died in a car accident. We had been married for about 6 years. His son’s family share the house that we had bought right after our marriage. Apart from the house, my husband had investments and other property worth a substantial amount of money. My husband did not have a will at the time of his death. How will the property be divided among the family?

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

Answer:

In the absence of a will in Ohio, the property of the deceased divulges on the property of the surviving members of the family. ORC Ann. 2105.06 governs the provisions of the intestate division of the property of the deceased in Ohio. In the given case, the surviving members of the deceased are his widow and his family. Clause (C) is the relevant part of the provision in ORC Ann. 2105.06 which reads:

“***
(C) If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent's child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child's lineal descendants, per stirpes;
***”

Therefore, per clause (C) of ORC Ann. 2105.06, the property, in this case, will be divided in the following manner:
1. The surviving spouse will receive $20,000 from the total property and then half portion of the total remaining property.
2. The deceased son would have been entitled to the remaining portion of the property. This remaining portion will be distributed to the son’s lineal descendants.