Legal Question in Wills and Trusts in Ohio
Inheritance
My Grandmother passed away on Oct 11, 2004. She left everything to her remaining children. When she died there were 7 children remaining. When the estate was finally settled, May 2007, there were only 4 children still alive. The checks were not given out until September 2007. The lawyer seemed to take his time dividing up an estate that only equated to $140,000.00. My Father was one of the children that passed away. My father died on July 8, 2007. My father had no will. He did however have a wife that he was astrainged from for 6 years. My Grandmother's will stated......If any of my children predecease me their portion should be given to my biological grandchildren. That would be My sister and myself. The lawyer handling this case is telling me that the money should go to my Father's wife based on the laws of OH. My Grandmother resided in TN. My father did not predecease my Grandmother in death, he died almost 3 years later?? The estate was settled in May and at that time my Father was still alive. My Father's portion currently being held by the lawyer who wants me to give him the name and address of my Father's wife........which I do not know, nor do I have any intention of finding for him. Please advise
2 Answers from Attorneys
Re: Inheritance
It is unfortunate that your father died without a will. Because he did not, the distribution provided for in the statutes control his estate. The statute handles natural parents and step-parents differently. You should probably consult an attorney for this.
Re: Inheritance
Your father was a vested beneficiary at the time of his death because he survived your Grandmother. Since he had not yet received distribution at his death, his estate became entitled to his share. Therefore, his will, if he had one, or Ohio statutes if he did not, control how these funds are distributed.
It is the same as if he had received the money in 2006. He would have had full control to use, distribute or bequeath as he saw fit.
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