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Deceased had no will.

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HelpfulSIL

Junior Member
What is the name of your state (only U.S. law)? Ohio

A father dies. His children are, at the time of his death, 17 and 18. The older child is told at the hospital that she is the legal next of kin. She signs the necessary paperwork to transfer his body to the funeral home. She, with her younger sisters input, plans her father's funeral. There is no will.

The children go into their father's home (a rental, he did not own it) and pack his things. They each take things that are sentimental to them, arguing over some of the things but eventually agreeing on who gets what. Until, that is, they come to one item that they both desperately want. Their mother, who is helping them pack up their father's home, tells the children that the item can be stored in her home until they can come to an agreement as to who gets the item.

Flash forward 2 years. Family feuds have caused a crack in the relationship of the two sisters. Oldest sister moves out of her mother's home. She wants to take possession the above-mentioned item. Younger sister still refuses to budge, and says she does not agree to that. Older sister goes to the police. Officer tells her that if there is a dispute as to who the item belongs to, it stays where it is until an agreement can be made OR she could take her sister to court. Older sister tells younger sister to get ready for a court battle. Older sister thinks she will win because she is the legal next of kin, therefore everything in their father's house is legally hers.

Legally, who wins in this situation? Neither has a receipt for said item, and as stated above, there was no will.
 


racer72

Senior Member
Older sister thinks she will win because she is the legal next of kin, therefore everything in their father's house is legally hers.
Both sisters are the legal next of kin. Everything belonged to both of them equally. The only fair thing to do is sell the item and divide the money equally.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ohio

A father dies. His children are, at the time of his death, 17 and 18. The older child is told at the hospital that she is the legal next of kin. She signs the necessary paperwork to transfer his body to the funeral home. She, with her younger sisters input, plans her father's funeral. There is no will.

The children go into their father's home (a rental, he did not own it) and pack his things. They each take things that are sentimental to them, arguing over some of the things but eventually agreeing on who gets what. Until, that is, they come to one item that they both desperately want. Their mother, who is helping them pack up their father's home, tells the children that the item can be stored in her home until they can come to an agreement as to who gets the item.

Flash forward 2 years. Family feuds have caused a crack in the relationship of the two sisters. Oldest sister moves out of her mother's home. She wants to take possession the above-mentioned item. Younger sister still refuses to budge, and says she does not agree to that. Older sister goes to the police. Officer tells her that if there is a dispute as to who the item belongs to, it stays where it is until an agreement can be made OR she could take her sister to court. Older sister tells younger sister to get ready for a court battle. Older sister thinks she will win because she is the legal next of kin, therefore everything in their father's house is legally hers.

Legally, who wins in this situation? Neither has a receipt for said item, and as stated above, there was no will.
Was dad married? Oh and everything in father's house does NOT belong to older sister. If dad was not married then it belongs to both children unless there was a specific beneficiary listed.
 

BOR

Senior Member
You mention the Mother? I assume they were divorced, as in OH, an intestate persons belongings go to the spouse first if I am not mistaken.

You headed this as Ohio small claims. One can NOT sue for PROPERTY either to determine ownership or replevin.

Any items disputed would have to be sued for a fair market value split OR if the court permits, an agreement to take or give, but that can not be complained of, take or give.
 

Ohiogal

Queen Bee
You mention the Mother? I assume they were divorced, as in OH, an intestate persons belongings go to the spouse first if I am not mistaken.

You headed this as Ohio small claims. One can NOT sue for PROPERTY either to determine ownership or replevin.

Any items disputed would have to be sued for a fair market value split OR if the court permits, an agreement to take or give, but that can not be complained of, take or give.
It depends if belongings intestate go only to the spouse. Depends on to whom the father was married.
 

HelpfulSIL

Junior Member
Father and Mother had been divorced for over 10 years at the time of his death. He had not remarried, nor was he in a relationship.

Ohiogal, can you point me in the right direction to where I can find this information to print out and give to the children (would I find this in the ORC?)? I believe it would save them both a lot of grief if they can see in writing that the item belongs to both of them equally, and that taking this to court will likely result in them being made to sell the item and split the money.
 

Dave1952

Senior Member
The older daughter may have been told that she was "legal next of kin" because she was over the age of consent and could form a contract with the funeral home. This does not mean that she has a special place in inheritance matters.
If they can not decide on the inheritance of this item it should be place on e-bay. They may then divide this money and, should either of them wish, bid on it.

Good luck
 

anteater

Senior Member
http://codes.ohio.gov/orc/2105.06

2105.06 Statute of descent and distribution.

When a person dies intestate having title or right to any personal property, or to any real estate or inheritance, in this state, the personal property shall be distributed, and the real estate or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course:

(A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes;
...
 

LawCastle

Junior Member
ORC 2105.06 states that in the absence of a spouse, an intestate's estate will be distributed to the decedent's lineal descendants per sterpies. Per sterpies means that at each level of descendant the estate will be divided equally among the individuals. Applied to this case, there is little question that the estate would be divided equally amongst all surviving children.
 

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