Legal Question in Wills and Trusts in Ohio

My dad had a will written up before he passed away which put me in charge of his estate but neither I of my siblings wanted the house in which there are still two mortages owed on the house. But i decided after my dad passed that i wanted to keep the house and i took all the necessary steps and was made a Fiduciary of his estate and i had my siblings sign a waiver/disclaimer and was told i had a waiting period just in case a family member decided to contest the will, and also was told i had a 90 days to get the deed transferred over to me and when i went to the court they told me that i cannot transfer the deed over until i settle a claim with a creditor because they put a lien on the property and now my hands are tied because i don't know what to do especially if the debt isn't mine. My question is how can i get the lien off the property w/o having to pay for it especially if i'm trying to save the house from going into foreclosure?


Asked on 9/09/10, 3:07 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

When a person passes away in the state of Ohio valid creditors must be paid out of the estate assets. If this creditor is a valid claim that was presented to you as executor within six months of your father's death then you may need to have it paid before you can transfer the property or close the estate.

You should speak with a probate attorney who can advise you.

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Answered on 9/15/10, 6:44 am


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