Asked in Real Estate Law and Probate for Ohio

Q: Who does the house go to now?

My father passed away last year and in his will he left his house to his brother. Now his brother has passed away and the house is still in my father's name. I have 2 sisters and we are trying to figure out if the house is now our responsibility since the house hasn't been put in our decreased uncle's name yet or if our cousin (our uncles daughter) will get the house. If the house should come to us what would be the next steps to take?

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Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: There is no way to answer your question without reviewing your father's will and knowing how much time passed between your father's death and your uncle's death. The will might or might not contain a survivorship requirement and, if your uncle survived long enough, then the house vested in him and is now part of his estate, so the house will need to be in accordance with your uncle's will or, if he has no will, the Ohio laws of intestate succession.

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