Solomon, Steiner & Peck, Ltd.
Call today for a consultation:
216-245-0185 / 866-642-0932

Have you lost a relative who had no will or trust?

If a parent or relative has recently passed away, you and your family could be overcome with emotion. Finding out that the deceased has left no will or trust can make this heartache even more painful.

It is estimated 60 percent of Americans do not have wills, according to a survey. Do not worry. You are not in a unique position. With the right advice, your family can tackle this difficult challenge.

Will the estate go through probate?

If the deceased relative has no will or trust -- meaning he or she has died intestate -- the estate will go through probate. Probate is a legal process overseen by a court. The court appoints an administrator who then:

  • Locates and determines the value of the decedent's assets
  • Pays the deceased's final taxes and any remaining debts
  • Distributes assets that remain to the heirs

In lieu of directions in a will, the remaining assets will be distributed according to state intestacy laws.

What about those left behind?

Under Ohio law, the remaining estate assets usually pass first to the deceased's surviving family. The court may prioritize a spouse, then direct descendants (children or grandchildren). If a spouse or descendants are not available, the assets could pass to grandparents, aunts or uncles, great aunts or uncles, cousins or family members of a predeceased spouse. If there is no surviving family at all, the estate assets may go to the state.

Dealing with the death of a family member and dividing their assets can be a lot to handle. Estate planning laws can be difficult to navigate when no clear will or trust has been left. However, you can make sure the family's wealth is passed on fairly, even in the absence of the deceased's instructions.

No Comments

Leave a comment
Comment Information

2005 BBB Torch Award Recipient Recipients of the 2005 BBB Torch Award Honoring Business of Integrity

  • ASNP
  • CMBA Green Certified 2107-19
  • member of the national eldercare matters Alliance
  • Golden opportunities

We are here to help. Contact our attorneys today.   

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Mayfield Heights Office
6105 Parkland Boulevard
Suite 140
Mayfield Heights, OH 44124

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Mayfield Heights Law Office Map

Independence Office
Crowne Centre
5005 Rockside Road, Suite 600
Independence, OH 44131

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Map & Directions

Westlake Office
PS Executive Centers
1991 Crocker Road
Suite 600
Westlake, OH 44145

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Map & Directions

Mentor Office
5966 Heisley Road
Ste 201
Mentor, OH 44060

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Map & Directions

Review Us