Detroit, MI asked in Estate Planning and Real Estate Law for Ohio

Q: My parents n siblings r all passed n the house is still n my dad's name. Can I sell it or what do I need to do

2 Lawyer Answers

A: You do not own it so you cannot sell it. In order to own it, someone must open a probate estate ... but whether you own some of it or all of it will depend on the language of the Will. And if there is no will and your siblings had children, some of the ownership will pass to them.

You need an expert probate attorney to review the situation and any documents with you and provide you with your options and an understanding of the specific applicable process.

A: Assuming no will, title vests in the next of kin upon death and the county records can be updated to reflect this fact without probate. If there is a will, then the property will need probated.

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