What happens when a surviving spouse dies and assets are found from deceased spouse.

Question

Hello my mother was a surviving widow and has now passed away.  She died with a will, and left everything to her surviving children.  Financial assets have been discovered from my dad  who died prior to my mom and without a will.   He had other children from  (previous marriage) and not all of us are his biological children.  Do we as the surviving heirs (of our mom) have rights to inherit what our mother would have been entitled too if she were still alive had those assets been discovered prior to her death?  She did leave a will.  Thank you

Aaron Epling · Answer

This is probably a two-step process. You need to probate your dad's estate and distribute under intestacy. Then, probate your mom's estate and distribute her share of the financial assets under her will.

Joseph Jaap · Answer

A family member will have to apply to the probate court to be administrator of your father's estate. The administrator of his estate will then divide the newly-found assets, first to your mother as his surviving spouse at the time of his death, and then any remainder divided between his children.  That division between his spouse and children will be done according to Ohio law because he did not have a will.  The assets distributed to your mother's estate, will then be divided according to her will to her children during the probate of her estate in the probate court.  Use the Find a Lawyer tab to retain a local probate attorney to review the probate process with you for the two estates.

Q: What happens when a surviving spouse dies and assets are found from deceased spouse.