Legal Question in Wills and Trusts in Ohio

will in probate challenged verbage

what is the state of Ohio's definition of personal and tangilable property? My mother specified that all furniture and personal tangile properity in and at her home is to be will to me her daughter. She had a brand new vehicle and a old used van in her driveway. Both were deeded to her. Paid in full. My older brother who is excuiter of the will has file a motion for the court to rule it as estate property. And to be sold at a price he agrees to. Then devided between the five siblings. His lawyer has made him believe that the state of Ohio will rule that the vehicles are not tangiable personal properity.


Asked on 8/14/07, 12:51 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: will in probate challenged verbage

In the state of Ohio, real property is real estate, and the rest, including vehicles are personal and/or tangible property. Both types of property belong to the estate as estate property. A car cannot be "deeded." Its ownership can be transfered by title. If your mother did transfer title to your daughter before she died, then it is not part of the probate estate. If she indicated in her will that she wished it to go to your daughter, then you can oppose the liquidation and distribution of the assets of the car to all the beneficiaries.

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Answered on 8/15/07, 8:52 am


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