Q: Do both parents of a jointly owned house need to be probated? Mom died 2012. Dad names me sole heir in the will in Ohio.
Both were on title. Mom was never probated. Mom had a very old will that was not updating leaving the house to dad than me. Dad is very sick and might die soon. I live in this property full-time as a caregiver and POA. We live in Ohio. Mom's debts were all paid off. Dad's estate may or may not be insolvent depending on how much medical and mortgage debt he leaves me. Thank you.
A: If the deed was held as "joint owners with rights of survivorship" then only one probate is needed. Otherwise, two probates are needed.
A:
Whether or not your father would need to open up a probate estate for your mother depends on if he held title with rights of survivorship. If he has that right, then you would need to complete some basic forms including an affidavit of surviving spouse to get the title in your father's name only.
Once that issue has been addressed you may want to look into naming a new TOD beneficiary for the property. That way it will avoid probate when your father passes as well. A qualified estate planning attorney can walk you through all the necessary steps.
Best of luck.
Aaron Epling agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
