Toledo, OH asked in Real Estate Law, Probate and Estate Planning for Ohio

Q: My dad died and left me his house.. My mother is trying to take it.. Will she get it??

My dad just died on the 23rd of this month.. He left me his house and called his attorney to put it in the paper work.. My mother left him.15 yrs ago n now sleeps with and lives with another man..my dad really didnt want her to have anything.. The last 2 yrs of his life im all he had.. My husband and I moved in with him to help him so he wasnt alone.. I did everything for him.. Will my mother still get his house even if he left to me?? Could i use that she has been sleeping with another man and is engaged to him? Or would that not work?? Is that even still adultery??

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

A: If your father did not complete the paperwork to transfer the house to you, then as his spouse, your mother could inherit the house. She could file to handle his estate in probate, and could evict you and your husband. Talk to your father's attorney to find out what paperwork there is, or use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you.

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

A: I'm sorry for your loss.

When you say that he left you his house, in what document are you referring? Were the documents completed and recorded? Were your parents ever divorced? Is there a Will? A lot of additional facts are needed in order to provide you with an intelligent answer to your question. The devil is in the details. I recommend sitting down with an attorney for a detailed review and so you can determine what rights you may have, and the best course of action.

Best of luck.

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