Legal Question in Wills and Trusts in Ohio

My father recently died. I'm the executor of his will. Every thing was given away before he died, or distributed directly through designating beneficiaries through life insurance policies and IRAs directly. So there is only a small bank account (about $5000) that is part of the "estate" and designated vial the will. EXCEPT - he lived with my sister for the last 10 years. He helped them buy their house under the agreement he would live there until he died (which he did) and then it would be theirs. However - they (unknowingly) had a warranty deed (not a survivorship deed) - which means (I think) that the house becomes an asset of the estate... is that right? does that mean the estate now has to go through probate (even if his other children who are beneficiaries to the "estate") don't want part of the house.


Asked on 7/11/11, 6:11 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

If the house is just in your father's name then it would be part of his estate and will need to be probated in the county where your father resided.

If the other children agree that they do not want the house there are several ways this can be accomplished but it will still require probate court proceedings.

You should consult with an experienced probate court attorney to assist you through the process.

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Answered on 7/13/11, 8:37 am


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