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

Answers:

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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.