Asked in Probate for Ohio

Q: Ohio resident dies intestate/no will

Ohio resident had no spouse or children. Resident's parents are deceased and has siblings. One sibling legally disclaims entire estate. Do the children of the disclaimed sibling have a legal claim or would the entire estate go to the remaining siblings of the deceased?

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2 Lawyer Answers
Andrew Popp
Andrew Popp
Answered
  • Probate Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: Without going into a more detailed analysis, I can tell you that the heirs at law pursuant to Section 2105.06 of the Ohio Revised Code would control where the assets went. The link is below. I would encourage you to sit down with a qualified probate attorney to ensure the estate is handled correctly.

Best of luck

https://codes.ohio.gov/ohio-revised-code/section-2105.06

Aaron Epling
Aaron Epling
Answered
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: Without doing any research on this, I will add that it is possible for a disclaimer to result in the disclaimant being considered 'predeceased' and that may result in their children inheriting. Of course, it could be setup another way depending on the instrument used. Details and terminology matter. I would talk to an attorney.

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