Legal Question in Wills and Trusts in Ohio

my mother died and my father remarried and left a will leaving the house to his now wife. However house is still in my mother's name. my father's second wife has now remarried. do i have any legal claim to the house since my mother's name is still on the deed.


Asked on 12/05/10, 9:41 pm

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

If the house is only in your mother's name then a probate estate would need to be opened and it would pass according to her will or accoridng to the law. If as a result of her will or the law the property passes to your father then his will would control and the house passes to his second wife.

If the house was owned as joint tenants with right of survivorship between your parents then your father's will would control and it would pass to your father's second wife.

You should discuss this situation with an attorney.

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Answered on 12/11/10, 6:04 am


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