Legal Question in Wills and Trusts in Ohio
(OHIO) Father and mother recently are deceased , 3 surviving daughters and one deceased son. Is the children of the deceased son entitled part of the grandparents estate? Should the estate be split 3 ways by the surviving children, or 4 ways to include the deceased son, and his portion given to his children?
Do the grandchildren have a valid claim of their grandparents estate?
2 Answers from Attorneys
The answer to your question depends on whether there was a will or not. If there was not a will then the grandchildren of the deceased son would be entitled to share one-quarter of the probate estate.
If there was a will, it would depend on the language in the will.
Please note that this only applies to probate property it would not apply to anything that is joint with a living owner or payable on death or any property with a beneficiary designation.
If there was not a will, then the children of the deceased child would be entitled to inherit from the probate estate.
If there is a will, it depends on the language of the will. The State of Ohio has what is called an "Antilapse Statute" which can prevent the lapsing of a bequest. I just had a case such as this in which I prevailed for my client.
For more information, contat me through my website: www.zigraylaw.com
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