Legal Question in Wills and Trusts in Ohio
My husband passed away, we have 1 child together and he has 2 older children from a previous marriage. My husband is the sole name on the house deed. The house is paid in full. There is the house and a large money sum in the estate. There was no will. My husband had medical bills plus a Home equity loan in his name alone. Who is responsible for the Home equity loan?
2 Answers from Attorneys
His estate will be responsible for his medical bills and the home equity loan. It appears that his estate includes the house, and the money in his name alone. From what you said the home really is not paid off, as there is an equity loan on it.
The home equity loan will have to be paid or they can foreclose. So even though you are not liable personally for the home equity loan they can foreclose their mortgage and you are out.
The medical bill have 6 months to submit a claim or in Ohio they can not collect.
The medical bills will be paid out of your husband's probate estate and the home equity loan will need to be paid or assumed by you if you wish to transfer the home out of his name and into yours. Also, since you are only the mother of one of his children, then under the laws of intestate succession you are entitled to the first sixty thousand dollars plus one-third of the balance of the intestate estate and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes.
A probate estate will be needed so I advise you to consult with an experienced probate attorney to assist you in the process. I would be available for a free consultation if you wish.
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