Chicago, IL asked in Estate Planning for Ohio

Q: How is an estate property divided.

My dad passed away, me and my 3 brothers were named as beneficiaries in item 1 of the will. Item 2 states that if we do not survive him the property goes to his grandsons. So here is the question, 2 of my brothers passed away and one of them has children. Are his children entitled to his portion or is it divided by the 2 living children of my father?

Related Topics:
1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: It depends on exactly how item 1 was worded. The 1/4 interest of each of the two deceased brothers might pass to be divided among each brother's children. Use the Find a Lawyer tab to retain a local probate attorney to review the will, answer questions, and assist with the probate process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.