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How will my husband's property be divided after his death?

How will my husband's property be divided after his death?

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 Ohio, when a person dies without a will, their property is divided according to state intestacy laws. According to ORC Ann. 2105.06, if there is a surviving spouse and one child (or the child's descendants), the division is as follows:

The surviving spouse receives the first twenty thousand dollars of the estate plus half of the remaining estate.
The deceased child would have inherited the remaining portion, which will now go to the child’s descendants.

In your case, you will receive $20,000 plus half of the remaining property, while the other half will go to your husband's son’s lineal descendants.

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

Does the first wife get everything when her husband dies?

In general, if a person dies without a will, their property is distributed according to state intestacy laws. In Ohio, a surviving spouse does not automatically receive everything. Instead, they may receive a portion of the estate, depending on the presence of children or other heirs. For example, if there are children, the spouse typically receives a specific amount plus a share of the remaining estate. Always consult with a legal expert for specific situations.

How to handle finances after a spouse dies?

Handling finances after a spouse's death can be challenging. Start by gathering all financial documents, including bank statements, debts, and assets. Notify creditors and financial institutions of the death. You may need to consult with a probate attorney to understand how debts and assets will be managed. It's also important to review any insurance policies and consider your own financial needs moving forward.

What happens if your spouse dies and are you still married?

If your spouse dies, you are still considered legally married until their death certificate is issued. This status affects how their property is divided under intestacy laws if they did not have a will. In Ohio, as a surviving spouse, you may be entitled to a portion of your spouse's estate, depending on whether there are children or other heirs involved.

Can creditors go after surviving spouse?

Yes, creditors can pursue a surviving spouse for debts that were jointly held or if the spouse was a co-signer. However, in Ohio, if the deceased spouse had individual debts, creditors typically cannot claim the surviving spouse's separate assets. It's advisable to consult with a legal professional to understand your specific obligations and rights regarding debts.

Can creditors go after spouse after death?

After a spouse's death, creditors can make claims against the deceased's estate for any outstanding debts. However, they cannot pursue the surviving spouse for those debts unless they were jointly responsible. In Ohio, the estate must settle debts before any distribution to heirs occurs. Consulting with a probate attorney can help clarify responsibilities regarding debts.

What to do when your husband leaves home?

If your husband leaves home, it's important to assess your situation. Consider communication to understand the reasons for his departure. If separation leads to divorce, consult with a family law attorney to understand your rights regarding property and finances. Document any financial contributions and assets to protect your interests during any potential legal proceedings.