WHAT HAPPENS WHEN YOU DIE WITH NO LAST WILL AND TESTAMENT

It is not that uncommon for a person to pass away without a Last Will and Testament or the Last Will and Testament has been lost or destroyed. The one big misconception out there is that if this occurs the State will come in and take everything but this is only true under a very unique circumstance.

If a person has no Last Will and Testament, then you have to look to State Law as to who will receive what asset(s). In Ohio this is known as intestate succession and is governed by the ‘Descent and Distribution' Statutes[1].

In the State of Ohio when a person dies intestate (No Last Will and Testament), then their personal or real property shall pass as follows[2]

1. If there is no surviving spouse, then to the children or grandchildren;

2. If there is a surviving spouse, and one or more children of both spouses, then all to the surviving spouse;

3. If there is a surviving spouse, and one child or child's lineal descendants (i.e. grandchild) of the deceased person (but not of the surviving spouse), then the surviving spouse gets the first $20,000.00 plus ½ of the balance of the assets and the remainder will go to the surviving child;

4. If there is a surviving spouse, and two or more children or children's lineal descendants of the deceased person (but not of the surviving spouse), then the surviving spouse gets the first $60,000.00 plus 1/3 of the balance of the assets and the remainder will go to the surviving children;

5. If there is no children or their lineal descendants, then all will pass to the surviving spouse;

6. If there are no children or lineal descendants and no surviving spouse, then to the parents (or surviving parent) of the deceased person;

7. If there are no spouse, children or lineal descendants and no surviving parent(s), then to the brothers and sisters or their lineal descendants.

8. If there are no brothers or sisters or their lineal descendants, then to any surviving grandparents or their lineal descendants;

9. If there are no surviving next of kin, then to any stepchildren or their lineal descendants;

10. If there are no step children or their lineal descendants, then any assets owed by the deceased person will escheat to the state.

Unintended Consequences

It is very easy to have unintended consequences if you do not have a Last Will and Testament. Your assets may go to some individuals whom you have never even met!  There is a chance, although it is very remote, that if you have no living descendants, next of kin or step children, then the State of Ohio will get your assets.

It is very important for everybody to have a Last Will and Testament and if you would like to discuss this Article any further or have questions please contact us

[1] O.R.C. 2105

[2] O.R.C. 2105.06