Legal Question in Real Estate Law in Ohio
My grandmother, mother and aunt had a house in their name. It was originally by grandmother's. My grandmother and mother have passed and now my aunt wants to sell the house. In the last 20 years she has never paid for anything that has had to be done on the house, my mother and us have paid all the taxes for the last 20 years. The house is still in all three names. Since there is no will are we still entitled to her share of the house as heirs and if not can we file a lien against the house for my aunt's share of the taxes through mom's estate? They were giving the house to my sister but my aunt now wants to sell it.
1 Answer from Attorneys
This is not a good time to sell a house. It depends on how the deed to the house was drafted. You should have an attorney look over the deed. Depending on the wording of the deed, the most likely possibilities are that the house passed to your aunt and the heirs of your grandmother and mother OR it may have passed entirely to your aunt. Title to real estate vests immediately upon death. However, without opening an estate in probate court and filing certain affidavits, title to this property will not be clear on the record.
Usually, you can't just automatically have a lien against a house for taxes that a private person has paid unless they were paid through a tax sale or something. Your mother's estate may be able to sue your aunt for these paid taxes. I have no idea how likely her estate will be in prevailing without talking with you more. You really need to meet with an attorney to discuss this. It sounds like your mother's estate may need to be administered properly.
Lisa K. Meier
Gurtner & Meier, LLC
This response is based on Ohio law and the limited facts you have provided and is not intended to create an attorney-client relationship. I cannot provide adequate advice to you without meeting with you in person. If you would like to schedule a free consultation, please feel free to contact me.
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.
