Legal Question in Family Law in Ohio
My mom is dying. As it stands her will states that if she dies her 5 children will inherit an equal share of her home. We either have to agree to sell as a whole, or we can buy the others out if we want the home. One of her children has some outstanding student loans, tax issues, and back child support issues. If he is listed as an inheritor, can any of those holding his loans, taxes, etc. seize the house? My mom is really worried about this and I told her last night I would try to find out.
1 Answer from Attorneys
In Ohio, if the amounts alleged owed are reduced to judgment (meaning that there has been a court order that he has to pay them) and that judgment has been certified in the county in which the property sits, then the moment he takes an ownership interest in the property, those liens will attach to the property and the property cannot be sold or transferred without the consent of the lienholders.
A simpler way might be to put all of the other children on the deed of the home as joint surviviors (meaning that as soon as the county auditor receives word that your mother has passed away, those who are also on the deed as joint survivors will be the new owners. If you exclude your brother from being a joint survivor and compensate him in some other way (perhaps a life insurance policy or perhaps cash for what the the value of his "share" of the home would have been) then this may be a way around the matter.
Hiring a probate law attorney in your area after requesting a referral from your county bar association and paying him/her for an hour consultation on this issue might not be a bad idea.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
