QUESTION

Who can claim property of a deceased person when there was no will?

Asked on Jun 26th, 2013 on Wills and Probate - Ohio
More details to this question:
Her next of kin is my mother but she does not want to take the properties. Can I step up since I am her only next of kin?
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1 ANSWER

Estate Planning Attorney serving Cleveland, OH at The Perla Law Firm, LLC
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If your mother alone would inherit under the law of descent and distribution and she executes a valid disclaimer, then her children, presumably you, would inherit. When there is no valid Last Will and Testament, the statute of descent and distribution is Ohio provides for who inherits property. The statute states that the order of inheritance is as follows: 1. In there is no surviving spouse, to the surviving children or their lineal descendants. 2. If there is a surviving spouse and surviving children and all surviving children are also children of the surviving spouse, then all to the surviving spouse. Alternately, if the surviving spouse is not the parent of all the surviving children then the inheritance is divided among the surviving spouse and surviving children per statute. 3. If there is no surviving spouse or children, to the parents of the deceased. 4. If none of the aforesaid survived, then to the brothers and sisters of the deceased or their lineal descendants. 5. If none of the aforesaid survived, then to the grandparents of the deceased or their lineal descendants. 6. If none of the aforesaid survived, then to the next of kin. 7. If none of the aforesaid survived, then to step children or their lineal descendants. 8. If none of the aforesaid survived, then to the state. If an heir does not wish to inherit property, he or she can execute a valid disclaimer. The law regarding drafting a valid disclaimer and delivering it to the right party is dependent on the particular circumstances. Once a valid disclaimer is executed and delivered to the correct entity, it will be as if the inheriting party predeceased the decedent. Please be advised that the above answer is for information purposes only and is not intended to create an attorney client relationship.
Answered on Jun 27th, 2013 at 1:49 PM

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