Legal Question in Elder Law in Ohio

Mother's Estate POD selling house

My mother died leaving her house (POD transfer) to 3 adult children. Two of the children living in the house at the time of her death. One son will not leave the house so that it can be sold. The same son will not agree to accept an offer that was made for the house. What must be done to get the one son to vacate the property? Who has the final say on an offer made for the house if 2 of the 3 children want to accept a sale price? Thank you.


Asked on 11/02/04, 5:48 pm

2 Answers from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Mother's Estate POD selling house

You may need to file a "quiet title" action in order to clear the title and have the property sold. In order to get one of the siblings out of the houes you may need to file an eviction.

Good Luck!!!!

This is a very very dificult situation.

Gregg Manes

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Answered on 11/02/04, 10:18 pm
Harold Hom Harold L. Hom Co., LPA

Re: Mother's Estate POD selling house

This is the problem with Transfer on Death Deeds. The house cannot be sold if only 2 of the 3 of you agree. It takes all 3 of you to agree in order to solve the problem. However, if the 3rd sibling will not work with you and will not pay you rent or other compensation, you may commence a partition action in court to get your share out of the real estate. In a partition action, if you don't settle the case, the Court will order the house sold at sheriff's sale and then send you one-third of the net proceeds after expenses.

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Answered on 11/03/04, 10:00 am


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