How will my husband's property be divided without a will?

Full question:

My husband and I were married for 10 years. He passed away recently due to a fatal stroke he suffered at work. He had a substantial amount of property in his name at the time of his death but never bothered to make a will. He had two sons aged 21 and 14 respectively from his earlier marriage. We had a daughter in our marriage. How will my husband’s property be divided under these circumstances?

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

Answer:

If a person dies without a will in Ohio, their assets are distributed according to state intestate succession laws (ORC Ann. 2105.06). In this case, the surviving relatives include the stepchildren, the surviving spouse, and their daughter.

According to clause (D) of the law, if there is a spouse and more than one child or their descendants, the distribution works as follows:

1. The surviving spouse receives the first twenty thousand dollars of the estate plus one-third of the remaining assets.
2. The stepchildren will share the remaining two-thirds of the estate equally.
3. The daughter from the current marriage will not receive a portion of the property.