Ohio Agreement to Partition Real Property among Surviving Spouse and Children of Decedent
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How to fill out Agreement To Partition Real Property Among Surviving Spouse And Children Of Decedent?
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FAQ
This generally allows the surviving spouse to keep one-half (1/2) of the net estate. However, if two (2) two or more of the deceased spouse's children (or their lineal descendants) survive the deceased spouse, then the surviving spouse would receive one-third (1/3) of the net estate.
A surviving spouse will receive the entire estate if there are no children (or their lineal descendants) or if all of the decedent's children are also the children of the surviving spouse.
Section 5307.01 | Persons compelled to partition. Tenants in common, survivorship tenants, and coparceners, of any estate in lands, tenements, or hereditaments within the state, may be compelled to make or suffer partition thereof as provided in sections 5307.01 to 5307.25 of the Revised Code.
Section 5307.25 for the first $5,000 of the value, as determined in the action, of the real estate, at the rate of 8 percent; all above the sum, and not exceeding $10,000, at the rate of 6 percent; all above that sum, and not exceeding $15,000, at the rate of 4 percent; and all above $15,000 at the rate of 2 percent, ...
Chapter 5307 | Partition Section 5307.01 | Persons compelled to partition. Tenants in common, survivorship tenants, and coparceners, of any estate in lands, tenements, or hereditaments within the state, may be compelled to make or suffer partition thereof as provided in sections 5307.01 to 5307.25 of the Revised Code.
Ing to Ohio's intestate laws, property is distributed as follows: If there is a surviving spouse, the entire estate will go to him or her unless there are children who are not the natural children of the surviving spouse, then the estate gets distributed differently.
A person entitled to partition of an estate may file his petition therefor in the court of common pleas, setting forth the nature of his title, a pertinent description of the lands, tenements, or hereditaments of which partition is demanded, and naming each tenant in common, coparcener, or other person interested ...
It's become common for states to institute a survivorship law, requiring that an heir outlive the decedent for a certain amount of time before he or she becomes eligible for an inheritance. Ohio is included in this group and calls for a 120-hour survivorship period, which translates to five days.
In such cases, the owners may have the right to file what is called a ?partition action?. In essence, a partition action asks a Court to intervene in the deadlock caused by co-owners who cannot agree on how to utilize or dispose of a piece of real property.