Troy, OH asked in Probate for Ohio

Q: My father passed away july 2020. after living with us for 15 yrs. We built onto our home for him to have his own area.

He paid 60,000 of the add on and we paid the rest. He was never on any mortgage, taxes or insurance. He lived here for free and now my brother thinks I should have to pay him 1/3 of what my dad paid to the build 15 yrs ago. There are 3 of us children. Also, I was on all his checking and savings and the bank tells me that money is mine. Also a car title, paid in full. had both dad and my name. Do I have to share any of that. Nothing for probate if not. He paid nothing for my father and my dad banked his money or spent it however he wanted. He traveled alot and had a will that stated to share but he put my name on everything to split, not realizing my brother would try to get our home as part of the estate . So, I don't want to give him anything. He is trying to say cause dad paid some of the addition, he should be paid a portion of that also. my other brother is on my side since I cared for him, plus paid, cable, phones, heat, food, mortgage, insurance.

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4 Lawyer Answers
Aaron Epling
Aaron Epling
PREMIUM
Answered
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: From a legal perspective, you don't owe your brother anything. If your father truly wanted your brother to inherit anything, then he should have named him as a beneficiary on the bank accounts and automobile. If he wanted your brother to get 1/3 of the 60k, then he should have had you sign a note payable to your father.

Mark Martin Turner
Mark Martin Turner
Answered
  • Probate Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: If there is nothing in your father's estate, no car, no home, no bank accounts, etc. that were owned only by him at the time of his death there is nothing to Probate, and your brother is not entitled to anything. Joint accounts are transferred to the joint holder, same with the car. Your brother is legally entitled to nothing other than a share of his personal belongings that were not jointly owned such as watches, jewelry, furniture he brought with him and so on.

Beverly A Stull
Beverly A Stull
Answered
  • Probate Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: You owe your brother nothing. Your father could do anything that he wanted to do with his money, and he obviously wanted to invest in your home to provide himself with a comfortable place to live. And any bank account that had your name as joint owner now belongs to you.

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

A: If your name is on everything, that's what will determine ownership. assets with beneficiary designations are not subject to probate.

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