Columbus, OH asked in Estate Planning and Elder Law for Ohio

Q: When someone passes and there is no TOD or Will stating who a vehicle can go to.

Does the Ohio rule of Descent and Distribution, code 2105.06 mean that it will automatically go to the living spouse without having to go thru probate? The same does not apply to lineal descendants such as a child, correct?

Thank you Andrew Popp for your previous help.

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2 Lawyer Answers
Andrew Popp
Andrew Popp
PREMIUM
Answered
  • Estate Planning Lawyer
  • Ravenna, OH
  • Licensed in Ohio

A: No problem. There is a separate statute for that. See Section 2106.18 of the Ohio Revised Code. (link below) You can usually accomplish this by going to the BMV as long as the value does not exceed $65,000 under current law.

https://codes.ohio.gov/ohio-revised-code/section-2106.18

Andrew Popp
Andrew Popp
PREMIUM
Answered
  • Estate Planning Lawyer
  • Ravenna, OH
  • Licensed in Ohio

A: On a side note, you are correct, this applies to the surviving spouse only, not children.

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