Full question:
My husband had inherited a substantial fortune from his father. He had a daughter and a son from his earlier marriage. His daughter is married and settled in Seattle. I adopted his son at the time of our marriage. We also have two children from our marriage. I just want to know how my husband’s inheritance will be divided among us surviving members. My husband did not have a will at the time death.
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- 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, children from the marriage with the surviving spouse and children from an earlier marriage. Clause (D) is the relevant part of the provision in ORC Ann. 2105.06 which 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;
***”
Hence, the property, per clause (D) quoted above, shall be divided amongst the surviving members 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 first receive $60,000 as she adopted her second stepchild. She is also entitled to the one-third share of the remaining property.
2. The children from the earlier marriage will be entitled to receive an equal portion of the remaining two-third property.
3. The children from the marriage to the surviving spouse shall be entitled to any 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.
