Legal Question in Wills and Trusts in Ohio
Trying to help a friend in Ohio
My elderly neighbor died 2 years ago and her home was left to both daughters. One daughter, 'D', always lived with her parents; the other, 'A', never lived in this home.
'D' was executor of the estate, and is ready to sell the house. She's had it appraised and has a buyer lined up. 'A' refuses to sell for the price 'D' accepted. This standoff is getting ugly.
What, if any, rights does 'D' have as executor? Does her name coming first on the deed mean anything? She's looking for a local lawyer, thinking to buy her sister out, even if it means taking a loss. (She's willing to give 'A' 1/2 of 'A's requested selling price.)
'A' is neglecting the capital gains aspect, and is demanding a selling price of at least 14K over the appraised value, if that makes any difference.
2 Answers from Attorneys
Re: Trying to help a friend in Ohio
If the home was not held with a Transfer on Death Deed or Survivorship Deed with the daughters (just in Mom's name), then it is a probate asset and the Executor can sell the property without the Daughter A's signature. If the title of the property is now in both daughters name, then Daughter D can bring a Partition Action in Court to force the sale of the Property which may net both of them less money. Daughter D should have an attorney to assist her.
Re: Trying to help a friend in Ohio
I am unclear on the details of what happened. Has the probate process concluded?
It seems as if you are saying everything is done in the Probate Court and now both daughters own the home. If so, it might be helpful to know if they own the home jointly or as tenants in common.
On the other hand, you ask if "D" has any rights as executor, which leads me to believe that Probate may still be open. If that's the case, I would want to know if there was a will, and if so, what it said. Because I'm not sure of the facts, I don't feel comfortable guessing. By presenting the full fact pattern to an attorney, you'll likely be able to get a pretty solid answer.
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