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executor of estate

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Diane55

Junior Member
What is the name of your state (only U.S. law)? Ohio, I am executor of my deceased brothers estate. His home and a camping sites (with a camper) is paid for do I need to change the deeds into his estate, than what is the next step. We are at a lost he has been deceased since October. To settle the estate his daughter will receive 40% and I will receive 60%, at the present time the house is empty and I am paying the bills. Please help
 


garrula lingua

Senior Member
My condolences on the loss of your brother.

Did you open Probate ?
Did you get appointed Executor by the court ?
Have you given notice of the Probate to all potential creditors ?

Either hire an attorney, or start researching how to Probate an Estate (go to your county law library).
Call your county's bar association for a referral to a Probate attorney. You should be able to get a low-cost or free consultation.

The easiest solution appears to sell both properties (and any other possessions) and distribute the proceeds. Costs of funeral and bills to maintain the real property should be deducted from the proceeds (and refunded to whomever paid those expenses) before distribution.

An Executor has the responsibility not to allow the property to decline in value or maintenance. Check on renting the properties until you can sell.

The Executor can sell the property, dependent upon the wording of the will - did he leave the house 60/40, or did he say sell the house and divide the proceeds 60/40 ??
Check with a probate attorney as to whether in your jurisdiction, the beneficiaries can sign an agreement to sell which Probate would allow. Alternatively, the deed would be changed, in Probate, to both your names and you can sell after Probate closes.

Consult with a Probate attorney in your area. Try several attorneys and see what their rates are for probating or whether they'll let you represent yourself and charge you only for advice as you go. Consider the process and ask yourself whether you can really handle this.
Also remember that your brother's tax return has to be filed, and the estate tax return probably has to be filed - ask the attorneys whether they do that as part of probate or is that a separate charge.

Good luck, and again, my condolences.
















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