Hamilton, OH asked in Estate Planning for Ohio

Q: Does the executor of a will have control over house to be sold if another siblings name is on deed of house

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

A: If another sibling is on the the deed, then that sibling has control of the house, including the right to occupy the house. If there are multiple names on the deed, then those same multiple people also have shared control of the house and shared right to occupy the house.

However, the contents of the house are controlled by the Executor (once the probate court has appointed an Executor.)

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

A: The executor of a Will only has authority to manage property that is part of the probate estate. This only occurs after a probate has been opened, and the Court has issued letters of authority. Your question depends on how specifically the title was held.

Was it jointly owned? If so, was it jointly owned with "rights of survivorship?" If the sibling was co-owner with rights of survivorship, then Mr. Toron is correct. If there were no survivorship rights, then the sibling only has control over his or her portion and the executor controls the rest. For example, 2 owners without survivorship means each owns an undivided 1/2 interest. Half is controlled by the sibling, half by the executor.

You may benefit from sitting down with an estate planning or probate attorney and reviewing the situation in detail.

Best of luck.

C. Lawrence Huddleston III agrees with this answer

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