Legal Question in Real Estate Law in Ohio
Home only in my deceased husband's name without a will
What right's do I have and what am I supposed to do?
We have a house in Ohio but only in the name of deceased husband and we forgot about the will. I am the one paying the insurance and taxes. I don't know what to do. I want to put that on sale but it's not in my name. Please advice.
I'll sure appreciate it very much.
Thank you.
4 Answers from Attorneys
Re: Home only in my deceased husband's name without a will
Is there a probate proceeding in California? If so, the attorney handling that should arrange for an ancillary proceeding in Ohio, to be handled by an attorney licensed there.
If you do not have an attorney at all, in either state, you need to obtain at least an Ohio lawyer who handles estates, because a probate proceeding of some kind is almost certainly required in the Ohio county where the house is situated.
Re: Home only in my deceased husband's name without a will
You need to open an ancillary administration in the Ohio county where the property is located. Contact an Ohio attorney for assistance.
Re: Home only in my deceased husband's name without a will
You will have to have the house in Ohio probated in Ohio. The house will pass through the laws of intestate succession for Ohio. Real property is always probated in the state in which it sits, not the state you reside in or feel comfortable in.
Very truly yours,
Re: Home only in my deceased husband's name without a will
Dear Reader: You must open a probate estate or apply, depending upon your late husband's estate assets, for release of assets and approval of sale of the house. It's really a simple probate transaction that will take a relatively short time with the help of a skilled real estate / probate attorney. Good luck.
Sincerely, J. Norman Stark