Am I entitled to a percentage of property that my dad left to my stepmother?

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Am I entitled to a percentage of property that my dad left to my stepmother?

My step-mother inherited my dad’s property. Am I entitled to 50% of the property since no Will was found?

Asked on June 3, 2012 under Estate Planning, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Sorry to hear about your dad.

Since he did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, your dad's entire estate would go to his surviving spouse.  If there had not been a surviving spouse, you would have inherited the estate.  If there had not been a surviving spouse and you had brothers and sisters, the estate would have been divided equally between you and your brothers and sisters.  If there had not been a surviving spouse and you did not have any brothers or sisters and there weren't any surviving children of a deceased brother or sister, you would have inherited the entire estate. 


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