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Wills, Trusts and Estate Planning Includes Living Trusts, Estate and Gift Tax Planning, etc.



               


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Old 11-06-2008, 01:14 PM
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Join Date: Aug 2008
Posts: 4

Needing Help with Probate no Wills


What is the name of your state (only U.S. law)? ohio
Hello,
I have run into the following problem and can really use some advice.
My father passed away in February 2008, my step mother passed away in April 2008. Neither had a will. My step mother and my father where sepearated but not divcorced and were living in different places. Each had their own home. My step mother left her car and home to her son, my step brother. My father didn't leave any will or wishes. I am the only kin. He never adopted my step brother. My step brother is living in my fathers home, is paying my fathers m*rtg*g*, even tho my step brother is not on any papers as having rights to this home.
My fathers home is worth 95,000.00 there is 49,000 m*rtg*g*. Since I am his only relation left, since his wife has already passed away, wouldn't the house now belong to me, have to be sold to pay my fathers debts, and then I get what is left after all bills are paid? Am I right in this? What is my next step? Does my step brother has any rights??
Thanks in advance
Sharon
PS. I forgot to mention that my step mother is not on my fathers house but is on his mortgage loan.
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Old 11-06-2008, 01:32 PM
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Join Date: Sep 2004
Posts: 1,977
Was there something that you did not understand about Ohio's intestate succession rules quoted in August? Is there some reason why you have not followed this advice from August?

Quote:
I would suggest that you gather information about the value of the house and the mortgage balance and consult with an attorney concerning probate.
[url]http://forum.freeadvice.com/probate-personal-representatives-114/whos-house-would-belong-424775.html[/url]
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Andy Travis: You always say that.
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