Legal Question in Wills and Trusts in Ohio

Ohio Probate law

My mother-in-law passed away in May of 08. My sister-in-law is Executrix, but lives in Florida. The only asset remaining to be sold is the real estate. My sister-in-law has been told that she now has to put the property in her name? She does not want to do this. What are her options?


Asked on 3/08/09, 5:45 pm

4 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Ohio Probate law

In Ohio, an executor would prepare a "fiduciary deed" which then allows the property to be transferred to a third party, a buyer or a beneficiary of the estate, for example.

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Answered on 3/09/09, 8:39 am
David Weilbacher, Esq. Attorney at Law

Re: Ohio Probate law

They probably mean she has to out it in her name in her capacity as executrix of the estate; not in her name in a normal capacity. This will allow her to sale the property and convey title.

Disclaimer: I am not offering legal advice. I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer.

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Answered on 3/08/09, 5:57 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Ohio Probate law

I take it that your mother lived in OH when she died and therefore OH law would apply. I don't know the law of OH but I would doubt that what your sister-in-law has been told is true. I would think that your S/I/L would simply sign an Executor's deed to whoever buys the property. Consult with a local attorney.

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Answered on 3/08/09, 6:23 pm
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Ohio Probate law

I think your sister in law needs some clarification she should not have to put the property into her name as executor in order to sell it.

It sounds like the property has not sold and the attorney or the court wants to close the estate.

This is just general information. It does not create an attorney client relationship, you should consult with an attorney for information particular to your situation.

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Answered on 3/09/09, 7:36 am


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