Legal Question in Wills and Trusts in Ohio
TOD Deeds and persons living at house
An elderly close relative is leaving me her house via TOD deed. The problem is, her adult son is living with her at the house currently, and believes he will be entitled to stay there for a length of time after she dies. She has repeatedly stated that there is no apartment at her house, and that he is only staying there to help her. There is no lease that I'm aware of, and he does not pay rent. She definitely wants me to have the house solely after she passes.
To complicate things, the house has a reverse mortgage, which according to the lender will be due and payable 1 year after my grandmother's death. (I spoke with the lender personally and verified this prior to agreeing to the TOD deed.)
When she passes away, what are my options as far as removing her adult son from the premesis so the house can be fixed up and sold? I really don't want to be coldhearted (after all, his mother will have just passed away), but don't want him to think he's just going to be able to stay there indefinitely.
Do I need to formally evict him even though there is no lease? Or do I, as the homeowner, simply send him a certified letter to vacate by a certain date and change the locks when the time comes? Thanks in advance!
1 Answer from Attorneys
Re: TOD Deeds and persons living at house
From your standpoint, he will be considered a tenant. You will have to formally evict him to remove him. You do not have to give him any time before starting the eviction, as there is no rental agreement
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