London, OH asked in Estate Planning for Ohio

Q: Is there any way to get around buying a sibling out of a property, in a situation where there is no will?

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

A: If there is no will, then all siblings inherit equally. If one does not buy out the others or if the property is not sold, then they all end up owning the property equally, as tenants in common, with equal rights to inhabit the home.

C. Lawrence Huddleston III
C. Lawrence Huddleston III
Answered
  • Estate Planning Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: No. Unless the sibling wants to give his or her share to you. If there is debt and the sibling doesn't want to share in the debt, you have some additional negotiating power. And if there are other assets, maybe the sibling would rather have those assets and let you keep the real estate. If you are appointed Administrator, you can receive an Administrator's Commission (4% of the first $100,000, 3% of the next $300,000 per statute), which could help you a little bit.

Aaron Epling and Andrew Popp agree with this answer

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