By Attorney Lei Jiang, Lei Jiang LLC.
Ohio law decides — not your family. Under Ohio’s intestacy law, the estate goes to the closest relatives in a fixed order — usually spouse and children. Anyone outside that order — a partner, a friend — gets nothing.
If all the children are also the spouse’s, the spouse takes everything. If the spouse is not the parent of some of the children, the spouse takes $20,000 or $60,000 first, plus a share of the rest; the children split the rest. With no spouse, the children split it equally, and a deceased child’s share goes to that child’s children.
No spouse and no children? Then to the parents, then brothers and sisters and their children, then distant relatives — stepchildren only after blood relatives. If no relative can be found, the estate goes to the State of Ohio.
In New York, a surviving spouse takes $50,000 plus half of the rest when there are children. In Illinois, the spouse and children split the estate in half — no set amount first — whether or not the children are also the spouse’s. In Michigan, the spouse takes a set amount first — $150,000 in the statute, adjusted for inflation ($100,000 if none of the children are also the spouse’s) — plus half of the balance.
But the formula only divides property. It cannot name a guardian for children, leave anything to a friend or charity, or choose who handles the estate — the court picks someone. Life insurance, retirement accounts, and joint property pass to the person named on the account, not under this formula.
Blended families break down: a surviving spouse and children from a first marriage often disagree, and it runs through probate court for months.
The fix is simple: a will lets you choose who gets what, name a guardian, and name who handles it. One document, signed while you are healthy, replaces the formula — and the fight.
Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation
This article is for general information only and is not legal advice.