In Ohio if an heir precedes the death of the testate who gets his share. Wife or children?

Question

The wife is not the mother of his children

Answer 1

It depends on what the will says.

Answer 2

The testator's will governs this. If it says only "to my son" and the son predeceases him, the gift would likely pour back to the remaindermen. If it says, "to my son and his heirs," then it would go to the estate of the son to be distributed in accordance with the son's will. If it says "to my son and the heirs of his body" or "to my son and his issue," the gift would pass to the son's children and not to his wife.

This is one of the many technicalities that show how important it is to have your will drawn up by a knowledgable estates attorney.