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

Related Topics:
2 Lawyer Answers
Andrew Popp
Andrew Popp
Answered
  • Estate Planning Lawyer
  • Cuyahoga Falls, 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.

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.