Legal Question in Real Estate Law in Ohio
Deceased sibling is still on deceased parents deed
My parent had put her home in her 3 childrens names, with a Life Estate for herself. After doing this, 1 child passed away. Mom understood that the property would go to the 2 remaining living children. Now mom has passed away. My sibling & I now find out deceased siblings share May go to her estate. This is a General Warranty Deed, Worded in short, Mom a widow, covenants to ''A'', ''B'' and ''C''. There is no mention of survivorship. Does the word ''And'' imply survivorship? Living Sibling and I feel the house should come to us, the 2 Living children. Mom did change her will to include just us 2 living children. Do we have a legal edge to stand on to keep this from deceased sibling--name removed--estate?
2 Answers from Attorneys
Re: Deceased sibling is still on deceased parents deed
I would add to Frank's response that if your sibling had no children or spouse or will, then through the Ohio probate process it would go to her parents and then down to their children so if those were the facts, you two would inherit her share.
Re: Deceased sibling is still on deceased parents deed
If the word "survivor" is not in the deed, the deceased siblings share must be probated, as there is no survivorship. "And" means the three siblings are tenants in common only.
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