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
PREMIUM
Answered
  • Estate Planning Lawyer
  • Ravenna, 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.

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