Who receives the property of the estate of my Husband if he had children?
Full Question:
My husband had inherited a substantial fortune from his father. He had a daughter and a son from his earlier marriage. His daughter is married and settled in Seattle. I adopted his son at the time of our marriage. We also have two children from our marriage. I just want to know how my husband’s inheritance will be divided among us surviving members. My husband did not have a will at the time death.
12/01/2016 |
Category: Wills and Es... » Intestacy |
State: Ohio |
#27403
Answer:
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(D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes;
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Hence, the property, per clause (D) quoted above, shall be divided amongst the surviving members in the following manner:(D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes;
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1. The surviving spouse shall first receive $60,000 as she adopted her second stepchild. She is also entitled to the one-third share of the remaining property.
2. The children from the earlier marriage will be entitled to receive an equal portion of the remaining two-third property.
3. The children from the marriage to the surviving spouse shall be entitled to any portion of the property.