Akron, OH asked in Probate for Ohio

Q: Hello my mom just passed away april 3 and I am next to kin are beloved family home of over 50 years was in her name

she was married so how would this go in the state of ohio if I want to put house in my name can I legally do this or can not because of her husband I need help with this process and if there is any other information that can help me thanks

Related Topics:
2 Lawyer Answers
Anthony C. Satariano
Anthony C. Satariano
  • Estate Planning Lawyer
  • Xenia, OH
  • Licensed in Ohio

A: There are a lot of factors that will be in play. To answer your question as simply as possible, you cannot just put the house in your name right now.

First, how the property is specifically deeded will be crucial. If it is deeded jointly with her husband with survivorship language, then he will keep the home. If she had a TOD filed with the deed, the house will go to the party named in that.

Second, if it is not held with survivorship and did not have a TOD associated with it, and is just deeded in her name, then it would pass according to her will if she had one.

Third, if she had no will and the property was deeded only in her name, then it would pass according to 2105.06. This is Ohio's intestate statute and determines how property passes when a deceased party has no will.

I suggest contacting an estate planning/probate attorney to assist you.

Nina Whitehurst agrees with this answer

Mark Martin Turner
Mark Martin Turner
  • Probate Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: First, I agree with Anthony that given the limited information you have supplied, there is no simple answer.

Did she have a will? In what name was the house, hers, individually or with her husband, or in a trust or LLC? Was it in your mother's name alone, or also in her husband's? If in her name alone, did she own it prior to her marriage to her husband? Was it where they both lived? Did the property have and transfer on death deed? Or did she leave her husband a life estate?

You should talk to an experienced probate attorney to guide you through this process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.