Legal Question in Wills and Trusts in Ohio

What are my rights under a survivorship deed

What rights do I have if named in will as one survivor of an estate. My mother has passed away and my brother was the executor. I am very frustrated and feel as if people are trying to take advantage of me. Please let me know what type of rights I have as a daughter of the deceased.

Thank you.


Asked on 12/26/01, 7:50 pm

2 Answers from Attorneys

Charles Cruikshank Cruikshank Law Office-Since 1975

Re: What are my rights under a survivorship deed

"Survivorship deed" is not a precise term under Washington law? What is the exact language in the deed that names the survivor?

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Answered on 12/26/01, 7:54 pm

Re: What are my rights under a survivorship deed

Your topic heading and the text of your message address two different items. If you are named in a Survivorship Deed, i.e. "Mary and Barbara, joint with rights of survivorship" then upon either one's death, the property passes to the other surviving person.

If you are named in a Last Will and Testament, then you have inheritance rights as set forth in the will and determined through the probate court. Depending on the size of the estate, the Will may not have been filed with the Probate Court yet so you may not have received any notice from the court. You need to obtain a copy of the will and consult an attorney to determine your rights. If you cannot obtain a copy of the will or your brother will not handle the administration, you are entitled to open a probate administration for your mother as "Administrator" in the county of her residence and see if someone comes forward to produce the will and act as Executor. If you live outside of Ohio, you may be required to have an instate Co-Administrator.

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Answered on 12/27/01, 9:30 am


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