probate, estate adminastration

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probate, estate adminastration

My partners brother passed away 7/8/18. He had
no will according to his sister whom was with him
every day, but his step daughter claims there is
but I am 99 sure there isn’t one. His brother’s
wife passed 2/23/18, he has 1 biological son who
has talked to a lawyer and he is not able to
claim because as a child he was adopted by one of
his mother’s husbands, his parents are both
deceased, so what I have read that leaves his
siblings to inherit. The step daughters after
not claiming their step father just 5 months
prior when his wife of 38 years passed away was
left out of planning the funeral and left out of
the obituary, now are claiming him just to take
his belongings. What can my partner do to claim
what is rightfully his and his other siblings?

Asked on July 15, 2018 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A stepchild has no right to inherit unless there is a will leaving something to them; "stepchild" is not a legally recognized relationship creating inheritance rights. A child who was adopted out of the family will not inherit either. In your state, OH, when there are no surviving spouse or children (children adopted by the deceased; or biological children not given up for adoption), if the deceased parents are still alive, they inherit everything; if the parents had previously passed away, then surviving siblings will share everything equally.


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