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.


Asked on 2/26/07, 6:55 pm

4 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 2/26/07, 8:30 pm
Robert Rosplock Rosplock & Perez

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.

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Answered on 2/26/07, 8:35 pm
Anthony Roach Law Office of Anthony A. Roach

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,

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Answered on 2/26/07, 9:00 pm
J. Norman Stark J. Norman Stark , Attorney, Architect

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

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Answered on 2/26/07, 9:10 pm


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