If my husband has no Will, what will happen when he dies?

He has one child from his previous marriage. Our home and bank accounts are in both our names. What will happen to the contents of our home if he dies without a Will? I’m asking about art, collectibles and furniture. Some of this personal property was his before our marriage, some was mine and some we purchased together.

Asked on November 8, 2012 under Estate Planning, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if a person passes without a Will or trust in place then the state determines which closest living relative inherits the deceased assets under its probate statutes through its intestacy laws.

Ordinarily the surviving spouse inherits one half of the estate belonging to the deceased with the balance evenly divided amongst the children.

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