Legal Question in Wills and Trusts in Ohio
My dad recently died and left my brother as executor, now in his will it states �The proceeds of the sale of the real property located at *******, to be divided in this percentage, per stirpes; � to me and � to my brother� Now.. The house is completely paid off; however my dad has a personal loan from a bank using the house as collateral. My brother would want to sell the house, pay off the personal loan and any other existing debts before giving me the �.
With the way the will is written, should any of these debts be subtracted from the � that my dad left me? Leaving my brother (as executor) to handle the debts. Or will these debts by law have to be paid out before the money is divided according to the will?
1 Answer from Attorneys
In order to answer your question you would need more information. An attorney should review the entire will and any loan papers. The will needs to be reviewed to see what provision your father made for debts and how they are to be apportioned. It is also not clear whether there is a lien on the house for the perosnal loan. If so then your brother may be correct.
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