Legal Question in Wills and Trusts in Ohio

administer

my dad decedent and my mother lawer wants her to waive her right to administed so he can sell my dads hlfe back to her is this right way


Asked on 5/22/07, 12:19 pm

1 Answer from Attorneys

Philip Schmidt Brady, Coyle & Schmidt, Ltd.

Re: administer

Revised Code Section 2106.16 specifically permits a surviving spouse to purchase assets, including the home, even though the surviving spouse is the executor or administrator of the estate.

Under R.C. Section 2106.10, she may also elect to receive the mansion house as part of her share of the estate (assuming there was no will).

R.C. Section 2106.15 permits her to remain in the home free of charge for one year. (This provision could apply where there are other beneficiaries and she wants to maximize what she receives from the estate.)

Hope this is helpful.

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Answered on 5/22/07, 12:38 pm


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