Legal Question in Wills and Trusts in Ohio

My husbands grandfather passed away three weeks ago. His aunt is the executor of his estate. Grandpa left his home to us (my husband) with a transfer on death deed in his irrevocable trust. Family ties have been broken within the family during grandpa's illness so there is really no communication going on. All we know is that his aunts have taken everything they want from grandpa's home and left the rest for us to take care of. They all still have copies of the house key and will not give them up. We still do not have the new deed but would like to go into the house to change the locks and start moving out to charity all of the stuff his aunts left behind. Is this possible or legal without the new deed in our hand?


Asked on 8/02/10, 7:08 am

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

If the house is transfer on death to the trust then there would not be a new deed. Someone would need to file a certified copy of your husband's grandfather's death certificate and an affidavit with the county recorder's office.

Whether you can obtain access to the house would depend on whether you have permission from the trustee.

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Answered on 8/08/10, 1:35 pm


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