Asked in Real Estate Law and Probate for Ohio

Q: If my wife passed and she was the only one on the deed and there is no will do I have rights to the house?

I am the primary mortgage borrower. I am the POA and also the sole beneficiary on her life insurance. I was the main breadwinner and reside in the home today. Her kids want to take the house.

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

A: If she did not have a will, then you and her children have rights to the house, and her estate will have to be opened with the probate court to resolve that. Use the Find a Lawyer tab to retain a local probate attorney to review the facts and advise you. Note that the POA terminated upon her death, and no longer has any validity. You can apply to the probate court to be appointed as the administrator of her estate. As the beneficiary on her life insurance, that insurance is not part of her estate, and it is not part of the probate process. Contact the insurance company and provide a copy of her death certificate, so they can issue the policy proceeds to you.

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