Legal Question in Wills and Trusts in Ohio

estate

if a parent passes away and the house was put in a brothers name a long time ago , but the parents left a will stateing that the house be sold and split between the children can the brother, change the locks or sell the house without the others approveal or keep the money when the house is sold.


Asked on 4/23/07, 10:48 am

1 Answer from Attorneys

Robert Rosplock Rosplock & Perez

Re: estate

The deed controls ownership of the real estate. Your parent's wills cannot control assets they do not legally own. The brother in title can change the locks, sell the house and keep the sale proceeds.

Depending on why the house was put in the brother's name, you may have a claim of some type. You need to contact an attorney.

Your question points out the importance of not titling assets in a person's name where the true intent is not for that person to have the asset at death.

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Answered on 4/23/07, 11:36 am


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