If my husband dies in a house fire, what, if any, of the insurance preoceeds should go to his daughter?

My husband and I had a house fire last month and he lost his life. He had joint custody of his daughter, with the mother being the custodial parent. The only assets I now currently have is the insurance check for the house, which is 339K, I also have 190K that was deposited into my checking as a portion of the insurance for the house. The mortgage on the home is 170K. Once that is paid off, I will have the remainder of the 190K(which was paid out as a personal belongings portion of the insurance to replace what was inside the house) and the 339K. The remaining balance is supposed to be used to rebuild my home but I am concerned as to what portion of the remaining amount will go to my stepdaughter.

Asked on July 13, 2015 under Estate Planning, New York


Christine Socrates / The Law Office of Christine Sabio Socrates, Attorney At Law

Answered 5 years ago | Contributor

Did you husband have a will?  If he did not, under the laws of intestate succession in Ohio, you will inherit the first $20,000 of your intestate property, plus 1/2 of the balance.  The remainder would go to his step-daughter.  If you owned the home jointly with rights of survivorship, then you will receive that house outright and that will not be included in the amount to your stepdaughter.  I would still advise you to consult with a probate attorney to properly advise you after being able to review all the details and information you can provide. 

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