Legal Question in Wills and Trusts in Ohio

Re: estate is being sued

I assume the estate is represented by counsel, if so, counsel should advise you. If not, the estate should be represented by counsel. The distribution of the assets should pass pursuant to the terms of the will or intestacy if no will. If you do not wish to sell the real property, but have it transferred to heirs pursuant to the will, I would do nothing. My sense is that there may be some prohibition on the transfer of assets as a result of the girlfriend's claim, whethet it be in the estate case or in a separate action.

Re: estate is being sued

We are assuming the preliminary items have been completed being the filing of the estate with the county probate court and the appointment of an executor (if there was a will) or an administrator (if there is not a will). This person would be responsible for the distribution of assets. Creditors have one year to file claims. Any distributions prior to that date are subject to being "recalled". You do not have to sell the house prior to a judgment being rendered in the lawsuit. However, other assets should not be distributed since there is a lawsuit pending. Get counsel for the lawsuit and for the probate estate. Local probate courts dictate how long the estates should be kept open...the attorney will be in contact with the court to advise them the estate is being kept open due to the lawsuit...no need to worry about keeping it open.