Legal Question in Wills and Trusts in Ohio

No Will and I Want The House

My grandmother died in 8/2001 after a very lengthy illness. I lived with her for a long time during this. She had 8 children, and was preceded in death by her husband. She told everyone just give the house to XXXXXXX (me) and never left a will. I am currently moving into the house and have been paying the last of the principal of the mortgage off to keep it out of foreclosure and I want to just buy the house so that I may get a home improvement loan to fix it up as it is badly in need of repair. I have spoken with all of my aunts and they are all in agreement that I should have the house. No one else wants it. I need to know how do I go about doing this. I am living in the house at this time and paying it off but I am unsure of what needs to be done to get it into my name. Notarized letter from all family members that they do have have an interest in the house? Classified ad placed in the paper for Uncle that no one has seen or heard from in 15 years for him to respond to interest in home? There was no executorship ever established. Power of attorney w/ my aunt died when my grandmother died. There was no will or written record of my grandmother's request for me to have the house.


Asked on 5/15/03, 4:11 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: No Will and I Want The House

A Probate estate must be filed, and all of the heirs at law, i.e. your aunts and uncle must be notified. Once the statutory time limits pass, then you must have disclaimers filed with the court by all concerned for the court to issue a certificate of transfer to you. If the disclaimers aren't filed, then you'll have to sell the house, and go after it on the open market. You would be entitled to reimbursement for monies advanced to the estate to avoid foreclosure.

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Answered on 5/16/03, 2:30 am


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