Piketon, OH asked in Probate for Ohio

Q: Does my dad's companions son have the right to live there?

My father passed 2018. His companion lived there until she passed 7-28-20. One piece of land has a building, she was left with rights of survivorship. The other piece had the house, it wasn't left to anybody. Her son moved straight in after her death. Does he have the right to live there?

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2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Probate Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Her survivorship rights terminated at her death. Her son has no right to be there. The executor or administrator for your dad's estate, will have to evict her. If the property was not left to anyone because he didn't have a will, use the Find a Lawyer tab to retain a local probate attorney.

Mary Ellen Leslie agrees with this answer

C. Lawrence Huddleston III
C. Lawrence Huddleston III
Answered
  • Probate Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: I'm not sure about your use of the term "survivorship." You could mean that the deed was "joint, with rights of survivorship" or it could be that she just had the right to "use the property if she survived your father." A lawyer with appropriate estate or real estate expertise needs to look at your father's Will, if any, his companion's Will, if any, and the property deeds.

The only way for you to clear this up is to engage a lawyer with appropriate expertise to help you dig up the facts, and to advise you about your options.

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