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A divorced man has 2 children. He gets another girl pregnant and now has another child. He does not marry the new woman. What percentage does that new child get if he passes away? Is it 50% for the new child and the other 2 children split the other 50% or is it split 3 ways? If he does marry the woman with the new child, is that new woman entitled to 50% with her new child and his other 2 children from the previous marriage get the other 50%?
Optional Information: State/Country of Question: Ohio Already Tried: Nothing
That child, for estate purposes, is treated the same way. Everything is split equally (1/3 of each descendant share, after the spousal share), unless there is a will, and that will states otherwise. To give you a better answer I would have to know what state you are located in. These intestacy conditions are state specific. Sincerely, Dimitry Alexander Kaplun, Esq.
Ohio
I am sorry, I did not see the state when I first attempted to answer it. Ohio rules are a bit confusing, but the way it works is first the Spouse gets her share (if there is a spouse). Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows: * If there are no children of decedent or their lineal descendants, or if all of decedent's children are also children of the surviving spouse, the surviving spouse is entitled to the entire intestate estate. * If there is one child of the decedent or the child's lineal descendants survive and the surviving spouse is not the natural or adoptive parent of the decedent's child, the surviving spouse is entitled to the first $20,000 plus one-half of the balance of the intestate estate. The remainder goes to the child or the child's lineal descendants, per stirpes. * If there is a spouse and more than one child or their lineal descendants surviving, the surviving spouse gets the first $60,000 if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first $20,000 if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate. The remainder goes to the children equally, or to the lineal descendants of any deceased child, per stirpes. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to: 1. Decedent's children or their lineal descendants, per stirpes. 2. Decedent's parent or parents equally. Sincerely, Dimitry Alexander Kaplun, Esq.
Experience: JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin