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In Ohio a decedent is survived by a spouse and more than one child or their descendants, the spouse receives 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 not the natural or adoptive parent of any of the children. The spouse receives one-third of the balance of the estate and the children will receive two-thirds of the balance of the estate in equal shares. Descendants of a deceased child divide that child’s equal share.
The U.S. Supreme Court held that the statutes that deny inheritance rights to illegitimate children violate the Constitution
's equal protection clause. Prior to their ruling many states denied illegitimate children the right to inherit.
The fact that your brother was unaware of the existence of this child is not a factor.
To determine what right that child may or may not have to his pension, you would have to examine the terms of that pension program. If after reviewing the pension programs terms it is not obvious, your sister-in-law should consult an attorney.
The illegitimate child would also be entitled to the same SSI benefits that they would be as if your brother had known of the child while he was alive.
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