Legal Question in Wills and Trusts in Ohio
my father passed away leaving one third of his home to me,but my sister in control of my money.do i have to sign the papers at closing?how do i get around her holding on to my share?
2 Answers from Attorneys
It depends on how the house is owned at closing. If the house is being sold as part of his estate and then one-third of the proceeds pass to you then the executor will probably sign the paperwork. If she is holding your share in a trust you need to consult with an attorney who can review the paperwork and give you a complete answer.
I am not sure what you mean by "my sister is in control of my money." Is there a guardianship set up or a trust? If your sister is your guardian then she may have control of your money and you would have to go to probate court to change that.
If you are a minor (under 18) and your sister is your guardian, then you will not be able to get full control of your money until you reach the age if 18.
You are going to have to provide more information and should talk directly to an attorney in order to be sure of your rights. If you do not have an attorney and would like to discuss this in more detail, you can call me at 440-953-2000 for a free confiential conference.
Good Luck!
DHD
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