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Will my husband's family inherit his property if he died without a will?

Will my husband's family inherit his property if he died without a will?

Full question:

I was working as a waitress at a restaurant in Dayton where I met my husband. He came from a very influential family. We got married against his family’s wishes. He inherited a fortune from his grandfather and he did not keep that away from me. He insisted on making the inheritance marital property so that I could have an equal share in it without any hindrance from his parents. He recently died in a plane crash and his family is bent on getting the property that he has left behind. I am worried because my husband never had a Will at the time of his death. Would his family be able to take away everything my husband left me?

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

Answer:

Since your husband died without a will, Ohio intestacy laws will determine how his property is distributed. According to ORC Ann. 2105.06, if there is a surviving spouse and no children from previous relationships, the entire estate will go to the surviving spouse. This means you would inherit everything your husband left behind. His family can only claim a share of his estate if there is no surviving spouse or children. Therefore, in your case, you should be the sole beneficiary of his estate.

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

What happens if someone dies without a will in Ohio?

If someone dies without a will in Ohio, their estate is distributed according to intestacy laws. This means that the deceased's assets will go to their closest relatives, such as a spouse or children. If there is a surviving spouse and no children from previous relationships, the spouse typically inherits the entire estate. This process is governed by Ohio Revised Code § 2105.06. *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.*

Can a spouse inherit everything if there are no children?

Yes, in Ohio, if a person dies without a will and has a surviving spouse but no children from previous relationships, the spouse inherits the entire estate. This is outlined in Ohio Revised Code § 2105.06. The spouse's rights to the estate are protected under intestacy laws. *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.*

What if my spouse had children from a previous relationship?

If your spouse had children from a previous relationship and died without a will in Ohio, the estate would be divided between you and those children. According to Ohio Revised Code § 2105.06, the surviving spouse typically receives a portion of the estate, while the children inherit the remaining share. The exact distribution can depend on the number of children and other factors. *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.*

Can family members contest a will if one exists?

Yes, family members can contest a will in Ohio if they believe there are valid grounds, such as lack of capacity, undue influence, or improper execution. However, if there is no will, they cannot contest it but may pursue claims based on intestacy laws. The distribution of the estate will then follow the guidelines set forth in Ohio Revised Code § 2105.06. *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.*

What rights do stepchildren have to an estate?

In Ohio, stepchildren do not have automatic inheritance rights to a stepparent's estate unless specifically included in a will. If there is no will, stepchildren are not considered legal heirs under intestacy laws, which prioritize biological children and spouses. Only biological or legally adopted children inherit under Ohio Revised Code § 2105.06. *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.*