Legal Question in Wills and Trusts in Ohio

Transfer of property

I had a Realestate Parnership with my Mother & Dad and They both passed last year and both My name and my wife's and theirs were on the property, do I need to see an Attorney to get the property to revert back to me. I 'm also need to file taxes and I'm not sure how to do this if the property was jointly owned last and now woluld I pay the full amount myself ?


Asked on 1/27/04, 2:05 pm

3 Answers from Attorneys

Re: Transfer of property

You need to check the deed to see how the title was. If it was just 4 names with no survivorship language then you must file your dad's and your mom's 1/4 interest each through each of their probate estates. An attorney can help you with this process. If they were Ohio residents, the probate would be done in the county of their residence. If they lived outside Ohio, an ancillary administration would be done in the county where the property is located. As to taxes, I assume that you are talking about the property taxes. Your parents individual estates would be liable for a portion of the taxes until it is transferred into your names. You may want to pay them and put a claim in against the estate for reimbursement. Let us know if we can be of assistance.

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Answered on 1/27/04, 2:56 pm
Paul Nidich Paul A. Nidich, Attorney-at-Law

Re: Transfer of property

Where is the property located? Was there a probate estate? Where? If the estate was probated in Ohio, this is a question the probate attorney should address. I'm not sure what the Ohio contact is, so I can't be more specific.

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Answered on 1/27/04, 3:15 pm

Re: Transfer of property

As others have pointed out, your question does not tell us if you are asking about Florida or Ohio property. IF this is Florida property and it was held in each person's name with rights of survivorship, probate will not be needed to change title. I think you need to show a copy of the deed to an attorney licensed in the state where the property was located and talk with that person in more detail about your situation.

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Answered on 1/27/04, 4:10 pm


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