Full question:
My mom and I have had a fallout after my father’s death. I believe that she is the reason for my dad’s miserable end. Unfortunately, my father never thought of making a will. I want to go my own way. Am I entitled to get a share of my father’s property after his death?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Ohio
Answer:
In Ohio, ORC Ann. 2105.06 governs the provisions of the intestate division of the property of the deceased in the absence of a will. The surviving spouse is the prime beneficiary in such circumstances. In case the deceased is survived by the spouse and issues from that spouse, the whole property is given to the spouse per clause (B) of ORC Ann. 2105.06. It reads:“***
(B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse;
***”
(B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse;
***”
Therefore, in the case at hand, the property of the deceased shall divulge wholly upon the surviving spouse and the daughter cannot have a claim in it.
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.
