Asked in Estate Planning and Probate for Ohio

Q: Sole owner of home passes away without a will. Daughter and son-in-law have lived there for 5 years. Whats next

The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere

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

A: Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some sort of lease agreement should be drawn up to spell out the rights and responsibilities of the parties involved. Overall, it could get complicated. You probably want to sit down with an attorney to review the situation in detail.

https://codes.ohio.gov/ohio-revised-code/section-2105.06

Best of luck.

C. Lawrence Huddleston III agrees with this answer

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

A: You need to visit immediately with an expert Probate attorney. You are in a pickle now because your mother did not do this prior to her death, and it will get worse if you do not get expert help.

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