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:
- State: Ohio
Answer:
If a person dies without a will in Ohio, their assets will go to their closest relatives under state “intestate succession” laws which are governed by the provisions in ORC Ann. 2105.06. In the present case, the surviving closest members are the stepchildren and the surviving spouse along with her daughter. Clause (D) is the relevant part of the provision in ORC Ann. 2105.06 which is applicable in the given situation. It reads:“***
(D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes;
***”
Therefore, per the above-stated provision, the property shall divulge on each surviving member in the following manner:(D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes;
***”
1. The surviving spouse shall be allocated $ 20,000 from the whole property plus one-third portion of the remaining property.
2. The step children shall be entitled to receive an equal portion of the remaining two-third property.
3. The issue from the marriage with the surviving spouse shall not be entitled to receive a portion of the property.
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.
