Legal Question in Wills and Trusts in Ohio

This is a complex question and requires more information. Under R.C. 2105.14

"Descendants of an intestate begotten before his death, but born thereafter, in all cases will inherit as if born in the lifetime of the intestate and surviving him; but in no other case can a person inherit unless living at the time of the death of the intestate."

This statute would give the unborn child who was conceived before his death the right to inherit from his father if the child was then born alive. However, additional court proceedings to establish paternity may also be necessary since the father died before his child's birth.

If you'd like to discuss this further, please contact me.

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Simon W. Johnson

www.swjlawoffice.com

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(440) 477-6075