Dividing Estate Without Will

Summary

In Ohio, theres no legal deadline for dividing an estate, but the executor should distribute assets in a reasonable timeframe. If not, you can petition the probate court. To find the executor, check with the local probate court or the decedents death certificate. Stepchildren not legally adopted typically have no inheritance rights. Adopted children generally lose inheritance rights from biological parents. Intestacy laws prioritize spouses and children. Consult a local attorney for tailored advice.

Full Conversation

My biological dad passed away last year. He had no will and my sister is living in his house. Its been a year. Is there a deadline to equally dividing his estate?
Hello Abby, in Ohio:
- There's no legal deadline for dividing an estate.
- However, the executor should distribute assets in a reasonable timeframe.
- If not, you can petition the probate court.
- Consult a local attorney for specific advice.
How do i find the executor of a will?
To find the executor of a will in Ohio:
- Check with the local probate court.
- Look at the decedent's death certificate.
- Consult with a local attorney.
Remember, if no will is present, the court appoints an administrator.
Does a step child who wasnt legally adopted by my bio dad have rights to his estate?
In Ohio:
- Stepchildren not legally adopted typically have no automatic inheritance rights.
- If your father didn't mention them in a will, they may not be entitled to his property.
- Consult a local attorney for tailored advice.
My sister and I were adopted into new families. Would we be entitled to his estate?
In Ohio:
- Adopted children generally lose inheritance rights from their biological parents.
- However, if your father didn't have a will, intestacy laws apply.
- It's recommended to consult a local attorney for advice.
What are intestacy laws?
Intestacy laws are rules that dictate how a deceased person's estate will be divided if they died without a valid will. These laws vary by location, but generally prioritize spouses, children, and then other relatives.
What are the intestacy laws in ohio?
In Ohio, intestacy laws state:
- If a decedent is survived by a spouse and children, the spouse gets the first $*,* of the estate, plus */* the balance. The rest goes to the children.
- If there's only a spouse, they get everything.
- If there's only children, they get everything.
- If no spouse or children, other relatives inherit.
Do the inestacy laws in ohio include anything about biological children adopted into new families?
In Ohio:
- Generally, biological children adopted by other families lose inheritance rights from their biological parents.
- If the biological parent dies without a will, the adopted child typically doesn't inherit.
- It's best to consult a local attorney for specific advice.
If we were close with our dad before his death even though we were adopted out would we be eligible to inherit?
In Ohio, being close to your biological father doesn't change the inheritance laws. Even if you maintained a relationship, if you were legally adopted by another family, you typically wouldn't inherit without a will stating otherwise. Consult a local attorney for specifics.
What are inheritance laws in ohio?
In Ohio, inheritance laws state:
- If a person dies without a will, the estate is distributed according to intestacy laws.
- The spouse gets the first $*,* of the estate, plus */* the balance if there are children.
- If there's only a spouse, they get everything.
- If there's only children, they get everything.
- Biological children adopted by other families generally lose inheritance rights from biological parents.
if my guardian handles my bank account and i get SSI can i lose it?
If your guardian handles your bank account, it generally should not affect your SSI benefits as long as the funds are managed properly and used for your support. However, mismanagement or excess resources could impact eligibility.
Are there specific concerns you have about how your guardian is handling the account?
how much excess resources
In Kentucky, SSI (Supplemental Security Income) has resource limits. As of *:
- Individual: $*,*
- Couple: $*,*
Resources over these limits can affect eligibility. If you suspect mismanagement, it’s crucial to review the account details.
Do you think the account balance regularly exceeds these limits?
maybe
If your account regularly exceeds the resource limits ($*,* for an individual), it could affect your SSI benefits. It's important to monitor your account balance and ensure it stays within the allowed limits.
Would you like more information on how to better manage these resources?
can i open an ABLE account?
Yes, you can open an ABLE account in Kentucky. ABLE accounts allow individuals with disabilities to save money without affecting their SSI benefits, provided that the account balance doesn't exceed $*,*.
Would you like more details on how to open an ABLE account?