Does a child inherit if all assets are held in surviving spouse's name?
Question Details:
I am an only child. My father died with the house and bank accounts in my mother's name. He left no will. Do I inherit anything from my fathers half?
Dear Inquirer: Under the law of Ohio, heirs of a decedent who died without a will, as in your late Father's case, are, in fact (and law) entitled to share in the estate's real property: Ohio Revised Code Section : 2129.18 Determination of heirship. Whenever property of a nonresident decedent as to whose estate ancillary administration proceedings are being had in Ohio passes by the laws of intestate succession or under a will to a beneficiary not named therein, proceedings may be had to determine the persons entitled to such property in the same manner as in the estates of resident decedents under sections 2123.01 to 2123.07, inclusive, of the Revised Code. The ancillary administrator shall file a certified copy of such finding in the probate court in every county in Ohio in which real estate of the decedent is located. Such administrator shall procure and file in the court for the information of the court a certified copy of any determination of heirship relative to such decedent's estate made in the state of the domiciliary administration. Effective Date: 10-01-1953 Contact an experienced Attorney to guide and assist you in interpreting this and other aspects of Ohio Probate Code. God Bless...and Good luck! Sincerely, J. Norman Stark
I disagree with the answer of Attorney Stark. If your father passed away and all the assets were titled in your mother's name, you will not inherit any portion of the house or bank accounts, even if he had no will. No assets will pass through probate if they are already titled in in your mother's name, therefore there will be no probate estate. Even if there was a probate estate, under the laws of decent and distribution, your mother would still have inherited the entire estate since there is only one child and the surviving spouse is the natural parent of that child. If you need further clarification, please contact my office at http://www.socrateslegal.com .
You would not inherit anything from your father. Your mother inherits everything since your father died without a will.
When there isn't any will, inheritance is determined by the rules of intestate succession. If a spouse dies intestate (without a will), the surviving spouse inherits everything. If there isn't any surviving spouse, then the child inherits everything when there is only one child.
