Legal Question in Wills and Trusts in Ohio
daughter wants sell deceased moms house still in moms name
how can daughter sell deceased mom house that is still in moms name .. what would she have to be and the process it would take so when i buy the house from daughter there is no way any one can come back to take it later an were out our money? if she really did inherited it nothing has been recorded in auditors.with out title insurance can i ask to see dual power of attorney certified papers , im donig all the search in seven locations downtown for liens judgements and mortgages will (Dual p o a) allow for deed transfer or should she really get the house in her name with affidavit before sell OHIO laws thank you
3 Answers from Attorneys
Re: daughter wants sell deceased moms house still in moms name
The specifics are not real clear so I will try to answer this by making some general statements that may apply to your situation.
A power of attorney can not be used after the person who granted the power dies. If mom gave POA to daughter and mom is now dead, the POA is no good.
If Mom's home was in her name alone at time of death then daughter will have to file some papers in Probate Court in order to get the property transferred into her name.
If mom's house was in both her daughter's name and her name with right of survivorship, then property may be able to be transferred to the daughter with an affidavit and a copy of the death certificate..
I would strongly urge you to talk directly to an attorney regarding this matter. There are a number of issues that need to be dealt with before you can be sure that you are safe to put your money into the house.
Feel free to give me a call if you want to discuss this in more detail. No charge or obligation for a confidential telephone conference.
Good Luck!
Regards
DHD
Re: daughter wants sell deceased moms house still in moms name
I agree with Mr. Davies assessment.
Disclaimer: I am not offering legal advice. I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer.
Re: daughter wants sell deceased moms house still in moms name
If the facts are as you describe, that the home was in mom's name with no joint and survivor owners, then daughter cannot sell the house. Mom's interest must pass through Probate Court to whomever mom's will designates, and if she had no will at the time of her death, then to her next of kin according to Ohio law. And before the transfer can be completed, there could be creditor's claims and taxes that are a liability of the mom's estate, which in some situations can result in the property needing to be sold to pay those creditors.
You should consult an attorney familiar with real estate and title law and they can explain the situation in detail and why it would be a very bad idea to try and purchase any interest in this property until the probate situation is completed and a title search and title insurance are in place. The daughter needs to consult a probate attorney promptly.
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