What happens to my son's estate without a will?

Full question:

My son, who was working as an investment banker in Columbus, died in an accident. He wasn’t married and never had any children. He apparently had a substantial amount of investments and a ridiculously big estate in the heart of Grove city. My ex-husband and I are the only living relatives he had. He never had a will made before his death. What will become of the fortune that my son possessed?

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

Answer:

In Ohio, if a person dies without a will, their estate is divided according to intestate succession laws (ORC Ann. 2105.06). Since your son had no spouse or children, his estate will be divided equally between you and your ex-husband, as the surviving parents. The divorced status of the parents does not affect this entitlement.

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

Do you get to keep the house if your husband dies?

In Ohio, if your husband dies without a will, the house will be part of his estate. If he has no children, the estate will typically be divided between you and any surviving parents. You may be able to keep the house if you are the sole heir or if you and the parents agree on its distribution. However, if there are debts, the house may need to be sold to settle them. It’s advisable to consult with an attorney for specific guidance based on your situation. *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 happens if I died and my wife is not on the mortgage?

If you die and your wife is not on the mortgage, the mortgage will still need to be paid. Your estate will be responsible for the debt. If there is no will, the estate will be divided according to Ohio's intestate succession laws. If your wife is the sole heir, she may inherit the property, but she will need to manage the mortgage payments. It's important to consult with an attorney to understand her rights and obligations in this situation. *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 happens if your spouse dies and your name isn't on the house?

If your spouse dies and your name is not on the house, the property will be part of their estate. In Ohio, if there is no will, the estate will be divided according to intestate succession laws. You may still inherit the home if you are the surviving spouse, but you may need to go through probate. It’s advisable to consult an attorney to understand your rights and the process involved in claiming the property. *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 happens to an investment account when the owner dies?

When the owner of an investment account dies, the account typically becomes part of their estate. If there is no will, Ohio's intestate succession laws will determine how the assets are distributed. If the account has a designated beneficiary, the assets will pass directly to that person outside of probate. It's important to check the account's terms and consult with an attorney to understand how the account will be handled after the owner's death. *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 name is not on the house?

If your name is not on the house, you may not have legal ownership of the property. However, if your spouse or partner passes away, you may still have rights to the property depending on the laws of intestate succession in Ohio. If the deceased had no will, the estate will be divided according to state laws. Consulting with an attorney can help clarify your rights and options regarding the property. *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 husband dies and the house is only in his name?

If your husband dies and the house is solely in his name, it will be part of his estate. In Ohio, without a will, the estate is divided according to intestate succession laws. As the surviving spouse, you may inherit the house, but it may require going through probate. If there are debts associated with the house, those will need to be addressed as well. It's advisable to consult with an attorney to navigate the process effectively. *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.*