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
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
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.
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