Q: Does parental abandonment play a part in how the estate is distributed in Ohio?
My sister passed away, at the age of 49. She named a beneficiary on her life insurance but not 401k or pension (at least not online-looking for a paper copy). The estate has to be split between my mom and dad. My dad left 46 years ago (my sister was 4) and never looked back. He never paid a penny in child support. He never spent a holiday or birthday with us, ever. He was abusive. My mom changed our last names and we moved because his family threatened to kidnap us even though he wanted nothing to do with us. My sister completely disliked him. She never had anything to do with him nor he her. I did have brief contact (three very short visits) with him but have not seen or talked to him in years. Now the probate court is saying that he is entitled to half the estate, money we were going to use to take care of my mom, just because he's alive. Does abandonment, lack of financial support or anything like that have any sway in this and were his rights were terminated as a parent?
A: The probate court must determine the distribution of an estate according to the will or Ohio law. If your sister did not execute a will, that is unfortunate, because Ohio law distributes the estate to parents if she had no children. Use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise you. But there might not be anything that can be done. If your mother never divorced your father, he will be entitled to a portion of her estate also. Consult an estate planning attorney.
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