Logan, OH asked in Probate for Ohio

Q: My mother in law going to recieve a substantial amount of money and a house through inheritance. Can she move into

the house now or does she have to wait. Mother-in-law sister died 3 weeks ago and left her the house

Related Topics:
2 Lawyer Answers
Mark Martin Turner
Mark Martin Turner
Answered
  • Probate Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: As a general answer, the Estate owns the house. The executor of the Estate could permit her to move in but does not have to until title transfers. If I were advising the Executor, I would not have a problem with her moving in so long as none of the other heir's objects and she takes over payments of the mortgage, taxes, and insurance when she does move in.

If there are items in the house that have been given to others, those should be moved out and the mother-i-law should pay for the storage unless the heirs waive that requirement.

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq.
PREMIUM
Answered
  • Probate Lawyer
  • New Albany, OH
  • Licensed in Ohio

A: If the executor agrees, she should be able to move into the house, and pay the expenses, i.e., the utilities, etc.

As for the personal assets, these items should be removed and stored, until distribution.

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.