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  1. #1

    Default Can Daughters Fight for Insurance Left to Step Father's Estate from Mother

    My question involves estate proceedings in the state of: ohio mother passed away 3 yrs ago no will- stepfather passed away 2 months ago- no will. mother had ins thru work has pay-off to estate- goes to STEP fathers family. do i have grounds to fight for ins money that came from my mother?

  2. #2
    Join Date
    Apr 2009
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    Default Re: Can Daughters Fight for Insurance Left to Step Fathers Estate from Mother

    There are pieces here that you don't make explicit.

    Were the proceeds of the policy paid?
    If so, who were they paid to?
    Was your mother's estate probated?

    In other words, where is the money from the policy now?

  3. #3

    Default Re: Can Daughters Fight for Insurance Left to Step Fathers Estate from Mother

    an estate has not been set up yet my mother didnt have an estate we assumed it automatically goes to spouse . step-father didnt inform us otherwise.

  4. #4
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    Default Re: Can Daughters Fight for Insurance Left to Step Fathers Estate from Mother

    If the policy had no beneficiaries or specifically listed the estate, then the estate needed to be probated and the money paid out to the parties via her will or the rules of intestate succession at the time. If the policy listed the husband as a beneficiary, then the money is his.

    Once the money's have been paid out either by the terms of probate or to the specific beneficiaries, that money belongs to them. If they die, it's part of their general estate. There's no specific claim that can be made against it due to its origin.

  5. #5

    Default Re: Can Daughters Fight for Insurance Left to Step Fathers Estate from Mother

    so in ohio the step father automatically inherits everything when there is no will and the daughters are out of the picture after the stepfather dies . then his family inherits my mothers belongings. and i cannot contest it - is that correct? children have no rights where there is no will? and as step-children we have no right to our stepfathers estate?

  6. #6
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    Default Re: Can Daughters Fight for Insurance Left to Step Fathers Estate from Mother

    Quote Quoting dmrigsby2010
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    so in ohio the step father automatically inherits everything when there is no will and the daughters are out of the picture after the stepfather dies . then his family inherits my mothers belongings. and i cannot contest it - is that correct? children have no rights where there is no will?
    First, you did not answer my questions. Just to repeat them:

    Were the proceeds of the policy paid?
    If so, who were they paid to?
    Was your mother's estate probated?

    In other words, where is the money from the policy now?
    Your mother's children have rights when your mother's estate is probated. To repeat the question: was probate opened for your mother's estate? If you wish to check the distribution of your mother's estate with no will, you can use the calculator at this site:

    http://www.mystatewill.com/states/OH/OHintcalc.htm

    and as step-children we have no right to our stepfathers estate?
    Unless adopted by the steparent, that is correct.

  7. #7
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    Default Re: Can Daughters Fight for Insurance Left to Step Fathers Estate from Mother

    so in ohio the step father automatically inherits everything when there is no will
    No, I never said that. If the money was in Mom's estate, and she either left it to the daughters via her will, or if she had no will, probate should have dispersed the parts the daughters were due. However, if the will says "I leave everything to my Husband" or the insurance policy specifically named the husband as the benficiary, the money is HIS and it's just like any other asset he had. You don't get dibs on someone else's inheritnace just because you're related on the person he got it from.

    If you want a specific answer, you have to answer the very specificquestions that HARRYLIME keeps asking you.

    However, stepchildren only have very limited rights in Indiana intestate laws and they don't apply here. The rules for a decdeent who isn't survived by a spouse are his children (and their descendents), and if none of those, to his parents, and if none of those to his siblings.

  8. #8
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    Default Re: Can Daughters Fight for Insurance Left to Step Fathers Estate from Mother

    Quote Quoting flyingron
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    However, stepchildren only have very limited rights in Indiana intestate laws ....
    Ohio. Although they do kind of blend together.

  9. #9

    Default Re: Can Daughters Fight for Insurance Left to Step Fathers Estate from Mother

    there was nothing probated for my mother when she passed it went to stepfather even though she had no will. he decided that and my sister and brother thought thats how it was in ohio?!there is no estate set for my stepfather either.and also no will.

  10. #10
    Join Date
    Apr 2009
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    Default Re: Can Daughters Fight for Insurance Left to Step Fathers Estate from Mother

    Well, I guess answering one of three questions isn't bad.

    1) Married couples often own their assets in a manner such that the assets pass to the surviving spouse without necessitating probate - joint ownership with right of survivorship, beneficiary designation, etc.

    2) Even if there were assets that needed to be probated, the surviving spouse would receive at least the first $20,000.

    3) Life insurance companies are not in the habit of handing out money to those who do not qualify to receive it. Mistakes do happen. But, if the proceeds were paid to your stepfather, the odds are that the life insurance company believed that he was entitled to it.

    4) Without being adopted and without a will, you do not stand to inherit from your stepfather's probate estate.

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