Orlando, FL asked in Estate Planning and Probate for Ohio

Q: My dad lived in Ohio died in September and owned a house with my stepmother and there is no will, who gets what?

He owned a house with my stepmother and both of were on the mortgage, there is no will he has 3 children and she has 6 children.

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1 Lawyer Answer
Andrew Popp
Andrew Popp
  • Estate Planning Lawyer
  • Ravenna, OH
  • Licensed in Ohio

A: It depends on how title was held for the property in question. If they were joint owners with rights of survivorship, then the stepmother gets the property. If not, you're stuck going through probate. Without a Will the Ohio Revised code dictates who gets what. (O.R.C. 2105.06)


Likely, she would get half, and the children from the prior relationship(s) divide the other half. For a definitive answer I recommend sitting down with an attorney for a full consultation. Many of us use Zoom regularly so being in Orlando should not be a big impediment.

Best of luck.

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