Legal Question in Wills and Trusts in Ohio

Two unmarried people own a house together. They put the house up for sale. If one owner dies before an offer is made (and doesn't leave his half to the other owner), can the surviving owner and the executor of the deceased's estate still sell the house if the executor agrees that the house should be sold?


Asked on 5/06/11, 10:07 pm

1 Answer from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

If you mean that both the surviving owner and executor agree, yes they can sell the house. One half of the value of that house, however, is the value that is included in the probate estate. The survivor, if that person is a joint owner, is entitled to the other half without being included in the probate process.

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Answered on 5/07/11, 6:08 am


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