Ohio Estate Distribution

[OhioFarmer77]

Jurisdiction

Ohio

My aunt passed away recently and didn't have a will.
Her only asset of significance is my grandparents house she purchased after my Grandpa died in 2004.
My aunt was never married, no kids, and no parents still alive. She is survived by two sisters, she had one brother who passed away prior to my grandpa passing away.
We are in the state of Ohio. Who receives her house?
Do the two sisters each get 50% or do they only get a third and then the deceased brothers children get a share?
Thank you all for your time and consideration.

 

[army judge]

Who receives her house?

No need to wonder, here is Ohio law regarding intestate succession:

Chapter 2105 - Ohio Revised Code | Ohio Laws

Here you go, its summed up for you, mate.

When an Ohio resident dies without having made a Last Will and Testament, the intestacy succession laws found in Title 21 of the Ohio Revised Code will dictate who inherits the deceased person's probate estate.1 Below is a summary of the Ohio intestacy succession laws in various situations.

Deceased Person Is Survived by a Spouse and/or Descendants
Here is what will happen if the deceased person is survived by a spouse and/or descendants (children, grandchildren, great-grandchildren, etc.):2

Survived by a spouse and descendants, all of whom are descendants of the spouse - In this case, the surviving spouse will inherit 100% of the deceased spouse's probate estate.

Survived by a spouse and one child or descendants of the child who are not the descendants of the surviving spouse - In this case, since the deceased person's descendants are not the descendants of the surviving spouse (in other words, the deceased person had a child from a prior marriage or relationship), the surviving spouse will inherit the first $20,000 of the deceased spouse's probate estate plus one-half of the balance and the descendants will inherit the remainder, per stirpes.

Survived by a spouse and more than one child - If the surviving spouse is the natural or adoptive parent of at least one of the children, then the spouse will inherit the first $60,000 of the deceased spouse's probate estate and one-third of the balance; but if the surviving spouse is not the parent of any of the children, then the spouse will inherit the first $20,000 of the probate estate plus one-third of the balance. The descendants will inherit the remainder, per stirpes.

Survived by descendants and no spouse - In this case, the deceased person's descendants will inherit 100% of the probate estate, per stirpes.

Deceased Person Is Not Survived by a Spouse or Descendants
Here is what will happen if the deceased person is not survived by a spouse or any descendants (children, grandchildren, great-grandchildren, etc.):2

Survived by one or both parents - In this case, the parents will inherit their deceased child's probate estate in equal shares if both are living, or the surviving parent will inherit 100%.
Survived by siblings and no parents - In this case, the deceased person's siblings will inherit 100% of the probate estate, per stirpes.

Not survived by parents, siblings or descendants of siblings - In this case, the probate estate will pass to grandparents, aunts or uncles, great uncles or aunts, cousins of any degree, or the children, parents, or siblings of a predeceased spouse. In the unlikely circumstance that the deceased person is not survived by any family members as described above, then the entire probate estate will escheat to the State of Ohio.

What You Will Inherit From an Ohio Intestate Estate
So what will you inherit if your relative dies without leaving a Last Will and Testament and the relative was a resident of Ohio or owned real estate located in Ohio? Even if you determine based on the information presented above that you are entitled to an intestate share of your relative's estate, you may very well not inherit anything.

Why? Because your relative may have left all non-probate property or the debts your relative owed at the time of death may exceed the value of the probate estate which will make the estate insolvent. If you're not sure of your legal rights as an intestate heir in Ohio, then consult with an Ohio probate attorney to be sure.

State laws change frequently and the following information may not reflect recent changes in the laws. For current tax or legal advice, please consult with an accountant or an attorney since the information contained in this article is not tax or legal advice and is not a substitute for tax or legal advice.

ARTICLE SOURCES
Ohio Laws and Administrative Rules - Legislative Service Commission. "Chapter 2105: Descent and Distribution, Ohio Revised Code/Title 21 Courts-Probate-Juvenile."

Chapter 2105 - Ohio Revised Code | Ohio Laws

Ohio Laws and Administrative Rules - Legislative Service Commission. "Section 2105.06: Statute of Descent and Distribution.

Section 2105.06 - Ohio Revised Code | Ohio Laws

Dying Without a Will and Testament in the State of Ohio

 

[adjusterjack]

Ohio intestate succession:

2105.06 (G) Except as provided in section 2105.062 of the Revised Code, if there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes;

Section 2105.06 - Ohio Revised Code | Ohio Laws

Here's an example of per stirpes:



Looks to me like the two sisters each get a third and the children of the deceased brother divide a third.

 

[OhioFarmer77]

Thanks so much for the help everybody!!

 

[army judge]

Thanks so much for the help everybody!!

My mother and father had a cattle ranch in Texas.
They ran between 8K to 10K head.
Our family still runs the ranch today.
We try to keep the herd between 3-5 K.

I'm curious, what do you farm?
I've got a 1st cousin in MI, who has about 500 dairy cows, farming about 2K acres of feeder corn.
Besides the law, agriculture is my 2nd passion.

 

[zddoodah]

Her only asset of significance is my grandparents house she purchased after my Grandpa died in 2004.

So...your grandparents' FORMER house.

My aunt was never married, no kids, and no parents still alive. She is survived by two sisters, she had one brother who passed away prior to my grandpa passing away.

Sounds like your aunt's deceased brother had children who are still living. Correct? Which of these siblings of your aunt is your parent?

Who receives her house?

Once the probate court appoints an executor of the estate, that person should identify and take possession of your aunt's assets and identify her debts. The executor should then use liquid assets to pay valid debts. If there are insufficient liquid assets to pay the valid debts, then the executor should liquidate non-liquid assets for that purpose. In other words, the executor may have to sell the house. Once all debts are paid, any remaining assets can be distributed in the manner described in "adjusterjack's" post. If the brother who died before your aunt died had any children of his own, then those children will divide 1/3 of the net estate, and the two sisters will get 1/3 each.

Of course, that does not mean that they'll jointly own the home in that manner. That sort of joint ownership is a recipe for disaster. Unless all heirs want that result, the house should be sold and the proceeds added to the net estate for payment of debt and, eventually, distribution to the heirs.