Legal Question in Wills and Trusts in Ohio

jointly owned house with moms name then @3 siblings

The house is in 3 names. (myself, my brother, my sister) actually it is jointly owned, with my mom's name being the first on the deed of the house, then it has @3 (which is the three of her children names, including myself.) My sister has been getting very greedy recently and I am at the point that I no longer even speak to her. I know when my Mom dies, there is going to be a lot of friction. I want the house to be sold to get as much for it as possible and then divided three ways. My sister thinks she deserves a huge price break on the house, and is going to get an Atty to try to ''screw me over'' as much a possible. Is she going to be able to use an atty in any way to try to cheat me out of my 1/3 of the house? What should I do here? I was told it would have to be sold at a sheriffs sale if we all dont all 3 agree... is that true? I hope it is. My sister is real greedy. I think she is going to try to make an arguement saying that because she took care of mom she deserves legally to get a larger portion of the inheritance. I am just concerned about getting my share of the house. I don't know what is in the will. but I do know that my name is on the deed to the property. Thanks for your time in helping me sort what I should do.


Asked on 5/13/06, 10:14 pm

1 Answer from Attorneys
Russell Golowin Golowin Legal, LLC

Re: jointly owned house with moms name then @3 siblings

It is hard to be sure what your situation is without seeing the language in your deed. I am not sure what you are describing.

However, if you are a joint owner with right of survivorship, the will would have no effect over your share of the property. On the death of one of the joint owners, that portion is transferred to the others outside of probate.

As far as her trying to recieve more of the inheritance, make sure your mother has an updated and current estate plan that can take care of all of her concerns. I suggest you and your mother see an attorney to work through these problems.

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Answered on 5/14/06, 7:54 am


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