Legal Question in Wills and Trusts in Ohio
Intestate
My mother left her home to me and my brother but she remarried shortly before her death. I understand her new husband will receive $20K plus 1/3 of the proceeds from the home. He is still living in the house and has remarried. If something happens to him, does his new wife receive his portion of the home? Also, if he should fail to pay his taxes or house payment, how will my brother and I be notified (if at all)?
Thank you so much for your help!
2 Answers from Attorneys
Re: Intestate
First off- was there a will? If so, was it admitted to Probate? If not, was an estate opened on your mother so the R/E could pass to you and your siblings as well as to her new spouse? You can still do that if you like and it will clear things up a great deal and it is better to do it now than later. Plus you will be an owner of record so you will receive notices of tax liens if any. What county did your mother live in? If you are in Ohio, you will need to open the estate here in Alabama with a local person. Contact me if I can help.
William Nolan
www.NolanElderLaw.com
Re: Intestate
How did your mother "leave it to you"? In a deed or in a Will? It sounds like there was a Will and her new husband elected to take against the Will and that the home is going to be sold. It sounds like he is electing to remain in the home for one year under his "mansion house election". His new wife should not receive the home if it is to be sold but she would be entitled to his portion of the proceeds if he included her in his Will, or if she elects against his Will or he did no Will. You can always check the tax bill out online with the county auditor site depending on the county and if they are on line.
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