Legal Question in Wills and Trusts in Ohio
question about per stirpes
If a person dies leaving a will in which all beneficiaries are dead, how is it decided who inherits what? There are two living adult grandchildren and several brothers and sisters, none of which are named in the will. The will does not mention per stirpes distribution.
2 Answers from Attorneys
Re: question about per stirpes
Section 2105.06 of the Ohio Revised Code controls the disposition of assets if beneficiaries are treated as if they predeceased the Grantor. It does provide for per stirpes distribution. It looks for beneficiaries in this order: spouse, children, grandchildren, parents, brothers and sisters, nieces and nephews, grandparents, next-of-kin, Step-children, Ohio. So in your case, the brothers and sisters would inherit. You should open a probate estate with the county probate court.
Re: question about per stirpes
Correction---I should have said in this case that the grandchildren would inherit,not the brothers and sisters.
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