Greensburg, PA asked in Real Estate Law, Estate Planning and Probate for Ohio

Q: I lived with this man for 27 years and he just passed away his daughter is trying to take the house can she

My son is still living in the house we had it up for sale and his daughter wants us out and take it from me can she do that

2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If he did not have a will giving you the house, or if you are not a joint owner on the deed, or if he did not record a transfer deed or affidavit for the house giving it to you, then the house would likely pass to his spouse or children according to Ohio law. The heirs can file to open his estate and then evict you. Use the Find a Lawyer tab to retain a local probate attorney who can review the situation and advise you.

Andrew Popp
Andrew Popp
Answered
  • Estate Planning Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: A lot depends on how the title is held on the property. Unless the daughter is the Transfer on Death beneficiary, or co-owner of the property she likely cannot do anything until the probate court gets involved. For a definitive answer I recommend sitting down with an attorney to review your situation in detail.

Best of luck.

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.