Ohio Disclaimer of Right to Inherit or Inheritance - All Property from Estate or Trust

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US-02512
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This form is for an heir of a deceased to disclaim the right to receive property from the deceased under a Will, intestate succession or a trust.
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FAQ

If there is no spouse and no children, the deceased's parents will inherit. More distant relatives?aunts, nephews, cousins of any degree, etc. ?are next in line if the deceased had no spouse, children, or parents. If the court cannot locate any living relatives, the state of Ohio will inherit the entire estate.

If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.

If some of the children of an intestate are living and others are dead, the estate shall descend to the children who are living and to the lineal descendants of the children who are dead, so that each child who is living will inherit the share to which the child who is living would have been entitled if all the ...

A small estate that does not require the filing of a federal estate tax return and has no creditor issues often can be settled within six months of the appointment of the executor or administrator. However, if a federal estate tax return is required, the administration of the estate can last more than a year.

These rules are set forth in Chapter 2127 of the Ohio Revised Code, entitled ?Sale of Lands.? If the estate fiduciary wishes to sell the real estate by consent, he or she must obtain the consent of the surviving spouse and all of the beneficiaries of the will (or heirs if there is no will).

If there is no spouse, but there are children, the estate will be divided equally among them. If there is no spouse and no children, the deceased's parents will inherit. More distant relatives?aunts, nephews, cousins of any degree, etc. ?are next in line if the deceased had no spouse, children, or parents.

(A) With the consent of all persons entitled to share in an estate upon distribution, the executor, administrator, or administrator with the will annexed may, and upon the request of these persons shall, commence an action in the probate court for authority to sell any part or all of the decedent's real property, even ...

A beneficiary may also choose to disclaim only a percentage of the inherited assets. This is acceptable if the disclaimer meets certain requirements, in which case the asset will be treated as though it never were the property of the original beneficiary.

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Ohio Disclaimer of Right to Inherit or Inheritance - All Property from Estate or Trust