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

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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
Mary Ellen Leslie
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.

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