Legal Question in Wills and Trusts in Ohio
My father just passed a week ago. I am the oldest of his 3 children and he did not leave a will. What are my rights as next of kin?
1 Answer from Attorneys
I am sorry to hear about the loss of your father. If your father did not leave a will, then his estate will be divided according to the probate statute. If he did not have a surviving spouse, then the three children would share the estate equally. You need to get a list of his assets and determine whether you need to open up a probate estate to distribute his assets. Anything that is not held jointly or is left in his name alone and does not list a beneficiary will have to pass through probate. Assets like insurance contracts and pensions typically have beneficiary designations and will pass outside of probate and so does a house that is held jointly with rights of survivorship.
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