West Jefferson, OH asked in Estate Planning and Probate for Ohio

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.

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2 Lawyer Answers
Moshe Toron Esq
Moshe Toron Esq
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If the deed was held as "joint owners with rights of survivorship" then only one probate is needed. Otherwise, two probates are needed.

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

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

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