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Ohio Surviving Spouse - Next of Kin - Legatees and Devisees

Toledo Ohio Surviving Spouse - Next of Kin - Legatees and Devisees

Name: Toledo Ohio Surviving Spouse - Next of Kin - Legatees and Devisees
Brand: US Legal Forms
Rating: 4.69 (354 reviews)

Category:

Ohio Probate - Heirship

State:

Ohio

City:

Toledo

Control #:

OH-MR-028

Format:

Instant download

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Description

This sample form is a Surviving Spouse - Next of Kin - Legatees and Devisees document for use in the administration of a decendent's estate in Ohio. Adapt to fit your circumstances. Available in Word, Wordperfect, Rich Text and ASCII formats.

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FAQ

According to Ohio's intestate laws, property is distributed as follows: If there is a surviving spouse, the entire estate will go to him or her. If there is no spouse, but there are children, the estate will be divided equally among them. If there is no spouse and no children, the deceased's parents will inherit.

(A) Administration of the estate of an intestate shall be granted to persons mentioned in this division, in the following order: (1) To the surviving spouse of the deceased, if resident of the state; (2) To one of the next of kin of the deceased, resident of the state.

Where there is no surviving spouse, the next level is children of the deceased. If any of the children are deceased, their children take their place. If there are no kin in the first two levels, then the deceased's parents inherit. If there are no living parents, then siblings of either full or half-blood inherit.

In Ohio, a surviving spouse is only responsible for a decedent spouse's medical debt, or debt for other ?necessaries,? when his or her spouse is without the means to satisfy the debt. Primary liability for any unpaid debts remains with the decedent.

The term usually means your nearest blood relative. In the case of a married couple or a civil partnership it usually means their husband or wife. Next of kin is a title that can be given, by you, to anyone from your partner to blood relatives and even friends.

Generally, the next of kin under Ohio law are: Surviving spouse. Descendants. Parents.

In the absence of a surviving spouse, the person who is next of kin inherits the estate. The line of inheritance begins with direct offspring, starting with their children, then their grandchildren, followed by any great-grandchildren, and so on.

While laws differ from state to state, Ohio inheritance laws state that a surviving spouse cannot be written out of a will. Ohio rights of a surviving spouse include the right to accept what he/she has been given under the deceased spouse's will. Or, they may elect to take against the will within five months.

The Rights of a Surviving Spouse in Ohio If a person dies leaving a surviving spouse without any minor children, a surviving spouse and minor children, or minor children and no surviving spouse, these parties are entitled to receive $40,000 as an allowance for support.

If there is no spouse and no children, the deceased's parents will inherit. More distant relatives?aunts, nephews, cousins of any degree, etc. ?are next in line if the deceased had no spouse, children, or parents. If the court cannot locate any living relatives, the state of Ohio will inherit the entire estate.

More info

PC-E-1.0, Surviving Spouse, Children, Next of Kin, Legatees and Devisees. PC-E-1. CC, Consent to Attorney Fees. PC-EGT-1.{¶ 1} Appellants in this matter are the beneficiaries and the named executor in the will of Norman J. Usiak. Visit the website for tips on filling out some popular forms. Executor of Estate: What are the Requirements in Ohio? Tained in the Federal Register Act, approved. July 26, 1935 (49 Stat. Periodicals Postage Paid at Toledo, Ohio and additional mailing offices. 0 – Surviving Spouse, Children, Next of Kin, Legatees and Devisees.

Toledo Ohio Surviving Spouse - Next of Kin - Legatees and Devisees

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