How Are Estate Assets Distributed If a Parent Remarried?

If your parents divorced and one or both of them remarried, you may be wondering how their estate will be divided upon death. This is especially true if your relationship with your step-parent is less than ideal.

When parents go through a divorce, few people stop to consider the implication re-marriage will have on the distribution of assets. For people who do not have a close relationship with their parent’s second spouse, questions may arise about how the estate will be distributed when the surviving spouse is the parent of some, but not all, of the children of the deceased.

Probate Assets Are Divided According to the Last Will and Testament

The cardinal rule of Ohio estate planning is that the estate will be distributed according to the terms of the person's Last Will and Testament. The Will-maker is free to distribute their estate as they see fit. There are, of course, instances when a child may believe that their parent’s Will does not accurately reflect their parent's wishes, that their parent was subject to undue influence, or that, for some other reason the Will is not valid. In cases like these, a Will Contest might be in order.

What If My Divorced Parent Died Without a Will?

But what happens if a parent re-married, but died without a Will? In cases like this, Ohio’s laws of intestacy govern. When a person dies intestate it simply means that the person died without a Last Will and Testament. When this happens, the person’s estate will be distributed according to Ohio’s laws of intestacy. Many variables affect how much the surviving spouse will receive, and how much the children will receive. I have created a chart that shows how a person's estate is divided if they died without a Will.

For the specific instance where a surviving spouse is the parent of some, but not all of the deceased person’s children, the spouse will inherit the first $60,000 of intestate property plus 1/3 of the balance if the spouse is the natural or adoptive parent of at least one of the children. If the spouse is not the natural or adoptive parent of any of the children, the spouse inherits the first $20,000 of the intestate property plus 1/3 of the balance of the estate. Everything else goes to the descendants, per stirpes.

Per stirpes is a Latin term that means each branch of the family receives an equal part of the estate. I find the best way to describe per stirpes is by using baskets. Each child gets an equal basket. If the child is still living, that child gets whatever is in the basket. If that child died but had children of his or her own, that child’s basket is split equally between the child’s children.

Not All Assets Are Subject to Probate

When thinking about how a deceased parent’s estate will be divided, remember that not all assets are subject to probate. If the deceased parent had assets that are not subject to probate court, like a joint bank account, an insurance policy, or real estate with a Transfer on Death Affidavit, that property is not subject to the laws of probate court and will be distributed according to its terms.

Contact an Experienced Ohio Estate Planning and Probate Attorney

The probate process is a complicated one that should not be attempted without the advice of a skilled and experienced Ohio estate planning and probate attorney.

If you have questions about the distribution of your parent's estate, regardless of whether your parent is divorced and re-married, contact Wolfe Legal Services today. I work with people throughout greater Columbus, including Dublin, Bexley, Upper Arlington, Marysville, Hilliard, Delaware, and Newark, and throughout Franklin County, Delaware County, Union County, and Licking County. Call (614) 263-5297 any time or complete our online form.