Cincinnati, OH asked in Family Law and Probate for Ohio

Q: what happens when 2 people own a home and one passes away

they are married but havent lived togther in years.the wife is living in the home and passes away and she willed the house to her kids but the deed is in both husband and wife's name.does he automatically get the house? or can the kids get it because they were estranged?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Probate Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: It depends on how their deed was worded, whether they owned the property jointly with right of survivorship. If so, then when she died, the husband became the sole owner of the house. If the deed wasn't joint ownership, then half belonged to her, and half to him, and at her death, her half would go to her estate, to be divided as directed in her will, but her will would have to be submitted to the probate court, and an executor appointed. Use the Find a Lawyer tab to consult a probate attorney in the location where she lived.

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