Legal Question in Wills and Trusts in Ohio

sale of mom's house who's deceased

My brother and I have a survivorship deed to our mom's house. I want to buy his 1/2 and he absolutely refuses. I was told I could ask a judge to partition the house, then the judge would say it has to be sold, I say I want to buy it and that's the way it will be?

True? Other options?

The house is in Ohio, where he lives. I live in Michigan.

Thank you.


Asked on 3/05/08, 3:45 pm

2 Answers from Attorneys
Stuart Collis Collis, Griffor & Hendra, PC

Re: sale of mom's house who's deceased

You need to ask this question of an Ohio attorney.

Read more
Answered on 3/05/08, 7:03 pm
David Davies Law Office of David H. Davies

Re: sale of mom's house who's deceased

If you and your brother cannot decide on a division of the house, then you would be able to file a partition action. The party who starts the law suit is entitled to have his attorney fees paid out of the proceeds of the sale. You would be able to purchase the home at the sale or make a deal with your brother to avoid the sale.

I have handled a number of these actions over the years and will be glad to discuss your options with you in more detail. Feel free to call. There is no charge or obligation for a confidential call. Take advantage of the free advice!

Good Luck

DHDavies

Read more
Answered on 3/06/08, 11:04 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Ohio