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Cleveland State University

Ohio

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Full-Text Articles in Estates and Trusts

Ghosts From The Grave-Inheriting Through The Predeceased Under Ohio Law , Kevin Purcell Jan 2002

Ghosts From The Grave-Inheriting Through The Predeceased Under Ohio Law , Kevin Purcell

Cleveland State Law Review

This Article seeks to advise the estate-planning attorney that Ohio's laws concerning inheriting through predeceased persons is a labyrinth of arbitrary rules, the majority of which serve no apparent public policy. Specifically, very different sets of rules apply to inheriting through a predeceased person via intestacy, a will, a living trust, or a "beneficiary designation" type account, such as a "payable on death" account (hereinafter P.O.D.). Additionally, Ohio law contains surprisingly high doses of ambiguity in some of the most basic principles of law relating to inheriting through predeceased next of kin or predeceased named-beneficiaries in a dispositive-planning instrument. Rather …


Community Property Considerations In Ohio Estate Planning: Expecting The Unexpected, Frank J. Cumberland Jr. Jan 1974

Community Property Considerations In Ohio Estate Planning: Expecting The Unexpected, Frank J. Cumberland Jr.

Cleveland State Law Review

For the lawyer in the community property state, the laws peculiar to community property are familiar ground, having in all probability made up at least a part of the law school curriculum. For the lawyer in the common law state, community property laws are generally something to be read about in the newspaper when the husband or wife of a movie star lands a huge divorce settlement due to the operation of the community property laws in California. But it is quite realistic to state that whether the attorneys in the common law states know it or not, they are …