If my ex- husband has passed and my son is his only child, how do we find out what he is entitled to?

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If my ex- husband has passed and my son is his only child, how do we find out what he is entitled to?

Should we take his grandfather’s word or will the court make sure everything is fair?

Asked on November 17, 2014 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your son's loss.  Was there a Will or did he die with out a Will ("intestate") because under Ohio intestacy your son inherited all of his estate at the time of his death.  If there were a Will then you need to see it (your son should have been served a copy but it is on file in the Probate Court and a public record).  I might consult an attorney.  Good luck.


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