Coshocton, OH asked in Family Law and Probate for Ohio

Q: My parents made changes to their will and signed and had this witnessed leaving me their house.

My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in the house taking care or it and paying the bills and paid off the mortgage. Will I get to keep my house? Can the judge make me sell it?

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1 Lawyer Answer

A: Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents you personally. This matters because you may be talking to somebody who you believe is your attorney, but is not. And, get it in writing...

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