another question about a will or intestate

[slreno]

What is the name of your state (ohio)?
sorry about another legal will or intestate question. but here goes.

father in law has a will and left things to his daughter and his step children. but we think he purposely left his remaining lottery winnings out of the will.. since he left the lottery winnings out of the will does that mean the winnings will go into " intestate mode" and be paid according to the intestate laws in ohio ..
"(A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes;

(B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent’s children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse;

(C) If there is a spouse and one child of the decedent or the child’s lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent’s child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child’s lineal descendants, per stirpes;

(D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes;

(E) If there are no children or their lineal descendants, then the whole to the surviving spouse;

(F) If there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent;

(G) If there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes;

(H) If there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them;

(I) If there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among such next of kin;

(J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes;

that is the order ohio uses for intestate..
but the major question is, since the lottery was left out of the will that is now in probate, does it mean lottery will be paid according to intestate..

thanks

 

[justalayman]

without reading the will, I have no way of knowing if he left them out of the will or not. The will controls only the assets of the estate it claims to control. Anything not controlled by the will will be controlled by the laws of intestate succession.

Often times there are statements within a will that include assets not specified. Somebody needs to read the will to determine exactly what it controls and what it doesn't.

 

[slreno]

ok great.. thanks for the quick reply. i am going to post item II AND III of the will, i am going to leave out the names to protect privacy but it sure looks like he left the lottery to his wife in item II but in item didnt include the lottery to the children, it only specifies property and not the lottery like he did in item II.. maybe you will have a better interpitation of this..

item II.. i give devise and bequeath all the property, real, personal, or mixed wheresoever situated, which i may or have the right to dispose of at the timeof my decease to my wife BLANK BLANK. to be hers absolutely and in fee simple. including but not limited to the remaing lottery payments i am entitled to.

item III. in the even my wife BLANK BLANK, predeceases me or fail to survive me by 30 days, i devise and bequeath all the aforesaid PROPERTY to my children, blank blank, blank blank, blank blank, and blank blank per capita.

those are the 2items i am talking about. it sure looks like to me since he left out the directly specified lottery payment in item II out of item III. unless property can be considered lottery payments? it sure dontlook like it should be in this case.
by the way surviving spouse has passed also.. the my wife (natural daughter) and the stepchildren are left

reason being, my wife is her fathers only natural child, the rest are step children and they are playing alot of sneaky games behind her back, like not telling her about a fairly large life policy that we luckily found out about by doing some investigating of our own.. we arehopeing this lottery is not considered part of will and will follow intestate laws..

thanks foryour time

 

[justalayman]

the way I read it, the lottery payments are included in section III.

from section II

all the property, real, personal, or mixed wheresoever situated,

including but not limited to the remaing lottery payments i am entitled

from section III

, i devise and bequeath all the aforesaid PROPERTY

In section II he specifically mentioned the lottery payments as part of the property of note in the first statement which basically included everything he owned. In section III, he simply said all property mentioned in section II. I do not see how section III would not include the lottery payments.