Legal Question in Wills and Trusts in Ohio

Who is intitle in a Will

My great aunt passed away, leaving a will that clearly states who is intitled (surviving). Well, one was not listed. Because he passed away before the date on the will(but there may have been another). Are the child of the one that died before will. Are they entitled?


Asked on 7/05/09, 11:45 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Who is intitle in a Will

Sorry...I am a little confused by the question.

Does the will state that only surviving relatives can take under the will? If this is the case, is the person you are referring to pass away prior to the will being drafted or prior to your great aunt?

When you state there may have been another, are you referring to a will or a relative? Would this be a child of the first person who you mentioned that passed away?

The second set of questions is dependant on the answers to the first set.

Based on what I can surmise, the child should be allowed to recover in place of their deceased parent, but it may depend on the terms of the will itself. This is always the best place to start the inquiry. The Court will look to the will and then attempt to interpret your great aunt's intent when she drafted it.

One mre question...what state was yur great aunt a resident of when she passed away? Again, this can have an effect on the results as each state has slightly varying rules about succession.

If you would like me to look over the will for you, I can do so free of charge.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 7/06/09, 3:54 pm
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Who is intitle in a Will

It all depends on the terms of the will. Sometimes the langauge will allow a child or children of a deceased person to take his or her share and sometimes not.

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Answered on 7/06/09, 9:03 am


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