Legal Question in Wills and Trusts in Ohio
Overbearing sister/executor
Father died April, overbearing sis demanded to be executor. Mortgage Co's want 2 houses put into our names (only 2 heirs.) Attorney said since I am married, and husband will not sign quit deed to sis, mortgages have to be put into both heirs names...sis refuses, wants both to be hers. Attny said I am responsible for mortgages also as an heir...can they come after me to pay...she has let both get to two months behind...said she will sue me if I dont quit deed them to her. I want to...just cant!!! Help!
1 Answer from Attorneys
Re: Overbearing sister/executor
If the will states where the property goes or it is part of the residuary, it must be distributed in accordance with the will. The mortgage will follow the property. While the person receiving the property is not personally liable on the mortgage note, the property is subject to the debt. Sounds like you need an attorney to enforce your rights. Hire one in the county of probate. If the county is Franklin, let me know as I have an office in Columbus and can refer you to someone.
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