Latrobe, PA asked in Probate for Ohio

Q: No will, determining next of kin

A man passes away with no will, was never married and has no children. He had two brothers (both passed away) and both parents are deceased. Each of his brothers have a wife who is living. Sister-in-law 1 has 1 child, Sister-in-law 2 has 2 children, 1 to the man's brother (a full blood niece/nephew), the 2nd child to a different man (not a blood niece/nephew).

How does the estate get divided?

Between the 2 sisters-in-law

Between the 2 blood niece/nephew

Between the 3 niece/nephew regardless of the third not being blood

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1 Lawyer Answer
James Jeffrey Jackson
James Jeffrey Jackson
Answered
  • Probate Lawyer
  • Delaware, OH
  • Licensed in Ohio

A: Based on the information you provided, the estate would pass in accordance with the state's statute of descent and distribution, in Ohio that would be Section 2105. It sounds like your specific situation would make 2105.12 the appropriate section.

You should contact a local probate attorney to further review your specific situation. There is a possibility of an unknown child of the decedent that might have a superior right. You want to make sure you cover all of the bases.

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