Asked in Real Estate Law and Probate for Ohio

Q: My mother passed away without a will, her and my dad have a home he’s in prison can I stop him selling home

He said he had to have my mom removed from mortgage and the potential buyer has a lawyer and they sent me a paper I haven’t signed about my passing instate and not wanting notified of probate hearings. I have not signed anything.

The sale of the house was stopped last month but idk why and now I learn a potential closing date has been set for Friday the 13th.

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: Whatever you are being asked to sign, you should take to an attorney for advice.

Depending on how the house was titled when your mother passed, and also depending on whether you are the biological or adopted child of both of them (the individuals you are referring to as mom and dad), you may or may not have inherited an interest in the house. Most likely not but, again, you need legal advice regarding your particular circumstances.

If you are the child of both of them, most likely your dad inherited the entire interest in the house when you mom died. If you did not inherit, you can't stop the sale.

If "dad" is not your biological or adoptive parent but "mom" is, then you might have inherited up to half of her interest. If that is the case, you need an attorney to help you probate your mom's estate and claim your interest in the house.

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