Legal Question in Wills and Trusts in Ohio
My husband died with no will, we have three adult children together, no other children, no previous marriages. Our home/property is in both our names and the mortgage is in both our names. He has no bank accts or vehicles in his name and all insurance policies and reitrement accts list me as beneficiary; I have already made calls/filed papers with the various companies in regards to that. He has no outstanding bills. Do I need to go through a lawyer to get the property transferred to me? The bank said it is okay to keep the mortgage as is. If I need to go through a lawyer/probate, can I be the administrator?
2 Answers from Attorneys
If you home is held joint with right of survivorship (and your deed must say with right of survivorship) then it will not go through probate and can be transferred to you using an affidavit that is filed with the county recorder's office. The insurance policies and retirement accounts can be handled without probate.
I would suggest that you consult an attorney to make sure everything is handled correctly. As the surviving spouse if you need a probate adminstiration you can be appointed administrator.
It looks like most assets will pass to you without the need for probate. Just verify that the title to the house was joint with right of survivorship. I would recommend that you consult a probate/ estate planning attorney to verify this for you and also to discuss estate planning for yourself. If you have any further questions, please contact me at http://www.socrateslegal.com.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
