Hamilton, OH asked in Estate Planning, Real Estate Law and Probate for Ohio

Q: Grandmother passes away. Everything goes to me and my Brother. He's broke. I paid for the funeral, not much equity.

The funeral and the equity brake even, there's no money for an attorney. Do i need to go thru probate to assume the loan? Is my Brother entitled to anything?

1 Lawyer Answer

A: If I may be so bold, you can't afford to NOT hire an attorney to help you with this. If indeed you want to assume a loan (I assume associated with some property that you want to keep) you can do that in many cases, but you have to approach the process properly, and insure you have AUTHORITY to do that, particularly if there is more than one heir. Did your grandmother leave a will? Who is named in it to handle here estate? Are there CHILDREN instead of just grandchildren left? There are MANY unanswered questions that need to be explored before an answer to 'what should I do' can be attempted.

Seek local legal help to explore all those questions, and get yourself in a better position to know what to do.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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