Legal Question in Wills and Trusts in Ohio

I am the executor of my mothers estate that was left to me and my brother. My brother (50 years old) is mentally unstable, lives on public assistance and our father is his legal gardian. Currently the house loan is more than the value but I still would like to retain the house and the very low interest rate loan my mother has on it. The bank has said if I keep paying the loan that that's ok to keep the loan as is. I thought that I could do a QuitClaim and then the property would be owned by me as long as I pay the mortgage. But my Probate lawyer (in Ohio) says that this can't be done�.that the Probate court would not let my brother or father sign a quitclaim. That I would have to buy the house from the estate. Is that true? Is there a way to transfer ownership to me from my brother?


Asked on 12/09/13, 8:55 pm

1 Answer from Attorneys

James Slater Slater & Zurz LLP

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Answered on 12/10/13, 4:50 am


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