Explain Statute of Distribution

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Explain Statute of Distribution

Daughter died intestate. Only next of kin are her mother and her brother. Should the brother be listed as next of kin or only the mother.

Asked on December 22, 2016 under Estate Planning, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When someone dies without a Will, they are said to have died "intestate". This means that the intestacy laws of the state in which the deceased was domiciled as of the date of their death controls. In OH, if someone dies without a spouse or children but they leave a surviving parent or parents, then the parent(s) inherits everything. Their sibling would only inherit if the deceased's parents were dead as well.


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