Legal Question in Wills and Trusts in Ohio

I've posted several messages in reguard to this situation, the issues just seem to keep dragging out so here goes my new question.

My dad died, my brother has decided to sell the house in which case 75% goes to him and 25% to me. The house is not in probate as of yet, nothing "legal" has been started. I know he plans on getting it in to probate, and when this happens I've read that he is accountable to the court to pay all of my dad's debt's and the other heirs stated in the will (me). Is there any way that he can get away with not sending me my share? What happens if he spends all the money and cannot send me a check? He says he can sell the house before the probate is complete, is this true?

Asked on 9/26/09, 10:42 am

2 Answers from Attorneys

Dan Guinn Guinn Law Firm, LLC

The first thing that needs to happen is all of your dad's debts and expenses need to be paid. Once this is done then whatever is left is divided according to the will. If there is nothing left then no one will receive any money.

Your brother should only be spending money to pay off your dad's debts and not for himself.

He can sell the house before probate is complete and put the proceeds from the estate.

It sounds like there are a lot of family issues in this case and that you need to have someone represent you. I would be happy to do that.

Feel free to contact me, free of charge, at or at 330-447-7634. I am happy to help in anyway that I can.

Thank you and I look forward to hearing from you.

Dan Guinn

Guinn Law Firm-"Affordable Rates, Outstanding Service"

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Answered on 9/26/09, 10:49 am
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

This sounds like a situation where you should get an attorney involved.

If the house is part of what is called the residuary of the estate then your brother would need to sell the house to pay off all the other debts and then whatever is left over would be distributed to the beneficiaries. It is possible that after paying legitimate debts and estate expenses that you will not receive anything.

If there is a provision in the will that specifically provides for the house then the result may be different.

You should have an attorney review the will and provide you specific legal advise.

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Answered on 9/26/09, 10:55 am

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