Jacksonville Beach, FL asked in Family Law and Real Estate Law for Ohio

Q: My father died with will (no copy for me) I want the house in which I grew up in Ohio. Lineal descent cover this?

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1 Lawyer Answer

Joseph Jaap

Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: Ohio law specifies the order in which family members share in property when there is no will. But the deed to his house might have had joint ownership and survivorship, or transfer on death provisions. If so, then those would control, and the house would not be subject to probate, and would transfer according to those instructions, not Ohio law for descent and distribution. Consult a local attorney where he lived to review the deed and any other documents recorded for the house and advise you.

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