Q: Dad died in NC after living there for 8 yrs, his assets are in OH. Do I need 2 probate lawyers? Where do I file?
My uncle cared for my dad part of the 8 yrs he was living in NC. He never sold his home in OH. Part of this time he was in Assisted Living, (Later had dementia) For 8 yrs, his house in OH had ALL utilities shut off. They hired yard maintenance help only & paid all taxes. Said "Originally Will" (done in 1998), is lost, only a 'copy' was found. (no lawyer/firm named) I was contacted for that reason and told to get a probate lawyer. I have the death certs. Found out ,Will was not filed in OH, via county. Am asked by everyone, WHY did they stop paying the utilities? They went to the house beginning of this month & could not find the Will. Then called me days later, for me to get a lawyer. There's mold growing in the basement. *What am I liable for? What if the house is ruined by frozen pipes or floods when water gets turned on? Do I change title of home 1st? What happens if I do? They're asking if I have changed title on house yet. What can I accomplish w/death cert?
A: You can't accomplish much with the death certificate. You will have to file with the probate court where his property is located in Ohio to petition to be administrator of his Ohio property. If the court appoints you, then you will have legal authority to deal with the real estate. As you have been advised, you need an attorney. Use the Find a Lawyer tab to retain a local OH probate attorney.
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