In Ohio, my mother's will states her estate to be divided equally by her 3 children

[winds7seas]

In Ohio, my mother passed away recently. Her will (written in 1976) states her estate is to be divided equally among her 3 adult children, Diane, Steve and Keith. Steve died several years ago. He has 4 adult children of his own. According to Ohio law are Steve's adult children entitled to what would have been his share of the estate? They are not mentioned in the will. The entire estate consists of a $100,000 house and about $50,000 in other assets.

Thanks for any help

 

[FlyingRon]

It would depend on the wording of the will. However, in Ohio, unless the will specifically states the heir must be living, if the heir predeceases the testator, the estate of the heir receives the share. So if the will reads as you have stated, Diane and Keith each get a third, and Steve's estate gets a third. What Steve's children get depends on whether Steve had a will and whether he was also married.

 

[anteater]

It would depend on the wording of the will. However, in Ohio, unless the will specifically states the heir must be living, if the heir predeceases the testator, the estate of the heir receives the share. So if the will reads as you have stated, Diane and Keith each get a third, and Steve's estate gets a third. What Steve's children get depends on whether Steve had a will and whether he was also married.

Assuming that the will does not have language covering the possibility of a predeceased beneficiary, it isn't Steve's estate that is entitled to receive Steve's share.

Steve's descendants are entitled to inherit directly from Mother's estate.

 

[latigo]

It would depend on the wording of the will. However, in Ohio, unless the will specifically states the heir must be living, if the heir predeceases the testator, the estate of the heir receives the share. So if the will reads as you have stated, Diane and Keith each get a third, and Steve's estate gets a third. What Steve's children get depends on whether Steve had a will and whether he was also married.

Please help me here Ron because I don't find anything in Ohio's anti lapse statutes that agree with your conclusion. That is, that distribution is to be made to the deceased beneficiary's estate.

As I read the Code a substitute gift resulted entitling Steve's descendants to take per stirpes. Assuming of course that the testator expressed nothing to the contrary.

[SUP]But then I'm seldom right. Just ask any of my ex-wives. [/SUP]