Dayton, OH asked in Family Law, Estate Planning and Probate for Ohio

Q: My father passed away 5 years ago. He was survived by his 2nd wife (my step mom of course)& I do not talk to her at all

I have not seen my step mom since the funeral. I have a brother, step-brother, & step sister. It was always communicated to us kids that there was a will and that the house would be divided equally between the 4 kids. My step mom is now selling the home. Are me and my brother entitled to any of the money from the sale of the home. The house was paid off at the time of my fathers death but unsure if there has been any money borrowed against it in the last 5 years. I am willing to pursue this further and would like advise to steer me in the right direction.

1 Lawyer Answer

Joseph M Braun

Answered
  • Estate Planning Lawyer
  • Hamilton, OH
  • Licensed in Ohio

A: There are a few things that need to be answered before it is determined if you have rights:

1.) You need to find out if there was a will and you will need to produce the original copy to the probate court,

2.) You should find out how the home is titled, as in who the home was deeded to. If the home was deeded to your father and step-mother with rights of survivorship then you may not have any rights. You can find out the language of the deed by looking on the county recorder's website. In Ohio, the county recorder generally has online records you can search.

You should consult an attorney in this matter and they can assist you.

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