Legal Question in Wills and Trusts in Ohio

My dad died without making the changes he wanted to his will. This left my brother executor of everything. The will says he may live in the house, or sell the house but if he chooses to sell it that I am to receive 25% and he is to receive 75%. My brother is not currently living in the house and owes money to the IRS plus has judgments against him. Would they be able to seize the property? If so, what would happen to my 25%? My mom was supposed to get the house and we are both in agreement that she get's it.. is there an easy way to get the house to her, should she go ahead and move in? My brother was talking about putting the property in an LLC but I'm not real comfortable with this and would rather not forfeit the small amount of inheritance left to me.


Asked on 8/25/09, 7:21 am

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

I'm not really clear on all your facts, but if you father died and your mother's name was not included in the house and their were no other co-owners and no transfer-on-death deed, then the house would have to be probated. Your share is protected from creditors.

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Answered on 8/25/09, 12:54 pm


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