Dao Tran

UPDATED: Oct 2, 2022

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Dao Tran

My brother died without a Will will. He has a daughter who is now 18 but he gave up his parental rights to her stepdad when she was 16. She is his only biological child. Our dad is still alive but my mom passed away last year. I am trying to figure out the intestate laws regarding my niece’s rights and of course the other siblings as well. He is my half brother. He has 2 full-blooded sisters and 7 total half-siblings.

Asked on October 10, 2019 under Estate Planning, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Once the parental rights are terminated, your state (OH) cuts off all inheritance rights. So if your brother gave up his parental rights and she was adopted, she will not inherit from him. (She only would have inherited if he had a will and the will specifically left something to her.)
In OH, if your brother was unmarried when he passed, then since he has no children who inherit, under the rules for "intestate succession" (who gets what when there is no will), his father, as the survinvig parent, inherits everything; siblings do not inherit when there is a surviving parent.

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