Legal Question in Wills and Trusts in Ohio

My dad pass away

My dad pass away oct 12,2008 he left behinde a house among other things but about the house my oldest brother was left the house according to the will he said i have not seen the will yet my brother is saying to all 9 of us including him makes 10 that there is 40 thousand odd dollars left on the house and my dad want to keep the house going down the line my brother dont want to sale it do to my dads request so he asking each of us to pay 53.98 each a month to help with the 539.80 monthly bill and he said that if thoses dont want then we would be out but can i ask him to buy me out


Asked on 1/21/09, 2:52 am

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: My dad pass away

You need to see the provisions of the will and discuss your rights with an attorney.

Usually when someone inherits real estate they are also responsible for the mortgage on the property. So generally the mortgage would be his responsibility and he cannot turn to other family members for help.

Additionally, if he inherited the house outright then it is in his name and other than a moral obligation to pass it on in the family he would not be legally obligated to pass it to other family members. If he does not have a will that specfiically gives that property to you and your siblings then it might not pass as he intends. So before anyone helps with the mortgage I would make sure that there is some sort of family agreement regarding the property.

That being said there is no reason that you cannot approach him and tell him that you do not want any future interest in the property and would like to be bought out. Whether or not he has a legal obligation to "buy you out" depends on the terms of the will.

This answer is intended as general information and is not legal advise nor does it create an attorney client relationship. You should consult an attorney for information specfic to your situation.

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Answered on 1/21/09, 8:40 am


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