West Salem, OH asked in Estate Planning for Ohio

Q: Parents died the contents of the home to the estate and the house to my brother can he move in prior to the estate sale?

Brother wants to move into parents house before the estate sale happens. Is that allowed?

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2 Lawyer Answers
Aaron Epling
Aaron Epling
Answered
  • Estate Planning Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: It depends how title is being transferred...i.e. trust, transfer on death, or will. Generally, title to real estate vests in the heir upon the moment of death. If the will says that your brother gets the house, or if your brother is a beneficiary under a transfer on death instrument, then he may indeed be able to move in immediately. If a trust says that your brother gets the house immediately, then he does indeed have a right to move in.

If the estate is insolvent, then it gets more complicated. If there's no will, trust, or TOD instrument, then I suggest talking to an attorney.

Andrew Popp agrees with this answer

Andrew Popp
Andrew Popp
PREMIUM
Answered
  • Estate Planning Lawyer
  • Ravenna, OH
  • Licensed in Ohio

A: I agree with Mr. Epling. In short, it sounds like you probably need to speak with an attorney. There may be other factors in play such as payments of outstanding debts, taxes, challenges to the disposition of the real estate, or Medicaid asset recovery if either of your parents received Medicaid benefits.

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