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half siblings

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aundrea

Junior Member
What is the name of your state? ohio


My mom broke her knee before she passed away and her atty said that an estate had to be done in order for me to continue her lawsuite, which we did. My mother was still leaglly married to my father and I also have a brother. I did not know where my father was and that is why I was the executor of the estate and not him. Since that time I have reunited with my father and recently we have come to a settlement. I understand that Ohio law dictaes my father gets the 1st 20,000. I have downloaded the probate forms that I will need and notice that there is a waiver. I know that my half sibblings will not sign this waiver as soon as they see my fathers name listed. I am trying not to drag this out any further and am scared that my hafl sibblings will do everything they can so that this does not happen. Is there anything they can do and what if they do not sign the wavier? Also I am not sure where all of them are I know I can get in contact with at least 2 of them. They really were not in our lives alot except one that called every couple of months and visited with her once or twice a year.What is the name of your state?
 


seniorjudge

Senior Member
What is the name of your state? ohio


My mom broke her knee before she passed away and her atty said that an estate had to be done in order for me to continue her lawsuite, which we did. My mother was still leaglly married to my father and I also have a brother. I did not know where my father was and that is why I was the executor of the estate and not him. Since that time I have reunited with my father and recently we have come to a settlement. I understand that Ohio law dictaes my father gets the 1st 20,000. I have downloaded the probate forms that I will need and notice that there is a waiver. I know that my half sibblings will not sign this waiver as soon as they see my fathers name listed. I am trying not to drag this out any further and am scared that my hafl sibblings will do everything they can so that this does not happen. Is there anything they can do and what if they do not sign the wavier? Also I am not sure where all of them are I know I can get in contact with at least 2 of them. They really were not in our lives alot except one that called every couple of months and visited with her once or twice a year.What is the name of your state?
Well...I am confused.

Where do the half-siblings come from?

The answer to your question, by the way, is: "Do what the probate court tells you to do."
 

anteater

Senior Member
I know that my half sibblings will not sign this waiver as soon as they see my fathers name listed. I am trying not to drag this out any further and am scared that my hafl sibblings will do everything they can so that this does not happen. Is there anything they can do and what if they do not sign the wavier? Also I am not sure where all of them are I know I can get in contact with at least 2 of them.
my half sibblingsare from my moms 1`st marriage.
Since you did not mention a will, I assume that a will does not exist and your mom died intestate. (?)

Your "half-siblings" are your mom's desendants too. You don't say explicitly, but the waiver that you mention seems to be a waiver of their right to inherit from mom's estate.(?) If they do not wish to waive their rights, then they do not have to.

If you are going to be the personal representative of the estate, it is your task to find them and notify them. And, to follow the Ohio laws regarding intestate successsion.

From Commerce Clearing House:

If any part of an Ohio decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

If there are no children of decedent or their lineal descendants, or if all of decedent's children are also children of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.
If there is one child of the decedent or the child's lineal descendants survive and the surviving spouse is not the natural or adoptive parent of the decedent's child, the surviving spouse is entitled to the first $20,000 plus one-half of the balance of the intestate estate. The remainder goes to the child or the child's lineal descendants, per stirpes.
If there is a spouse and more than one child or their lineal descendants surviving, the surviving spouse gets the first $60,000 if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first $20,000 if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate. The remainder goes to the children equally, or to the lineal descendants of any deceased child, per stirpes**************
 
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