Inheritance rights and proof

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Inheritance rights and proof

My father’s sister-in-law has died leaving behind property without a will that was transferred over to her after his brother our uncle died. My aunt has no surviving spouse, grandparents, parents, siblings, or children. My father has no surviving siblings. In this case, do us nieces and nephews have inheritance rights? If so, how would we prove we are my aunt’s surviving, paternal nieces and nephews?

Asked on September 15, 2019 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, in-laws only inherit if there is a will leaving something to them; only blood and adopted relations inherit when there is no will, under what is called the rules for "intestate succession" which set forth who inherits what when there is not will. Her estate will go to yet-more distant relatives (e.g. 2nd cousins or 2nd cousins removed) or, if there are no even distant relatives, will "escheat" or go to the state.


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