Who's House would this belong to??

[cincygirl20]

What is the name of your state (only U.S. law)? ohio
Hello, Here is my situation. My father owned a home he is the only person listed on the deed. Him and his wife (my step mother) took out a mortgage on the house. They have now both passed away. She has 3 children all over 21, he has 1 child also over 21 (me) He rented out the house (even tho he still lived there also) to my step brother. (by the way, he never adopted any of these children) Now both have passed away, my step brother is still living in the house, and is paying the mortgage which isn't even in my step brothers name (its in both parents names) There were no wills by either parents. My question is, who legally owns the house now? Who is responsible for the mortgage debt? His mother didn't own the house in anyway but did have her name on the mortgage. Does that me she would have had a right to any of the house or does the house come back to me along with the debts?
Any help would be very much appreciated!!

 

[cincygirl20]

Also, forgot...
My step brother said either I have to go down and probate my fathers estate or sign off on the house ????
(my fathers only asset was the house)

 

[Farfalla]

opps----------

 

[Farfalla]

When did your father and step-mother die? It’s very important to know which one died first… or if they died at the same time. What are the dates (mm/yyyy) of their deaths? It sounds like your father was the one who died last, but I don’t want to make that assumption.

There were no wills by either parents.

So the estates are intestate. Search the internet for the Ohio rules for property distribution when an a person dies intestate (without a will).

Who is responsible for the mortgage debt?

The person who is living in the home right now should be paying rent to the estate.
Until the property is sold and divided, the estate is really responsible for paying the mortgage. Is the house the only asset your father and step-mother had? Were there any investments, checking accounts, etc?
Ownership of the home cannot be determined until we know when (meaning which died first) your father and step-mother passed away.

Also, forgot...
My step brother said either I have to go down and probate my father’s estate or sign off on the house????
(my fathers only asset was the house)

I take that to mean that if you want your inheritance that you will have to go to probate. The estate has to be probated anyway. Neither one of you can put the house in your name without that.
How much equity is there in the house?

 

[Farfalla]

accidental double post removed....

 

[cincygirl20]

re: who's house...

My father passed away in feb 2008 and my step mother passed away a couple of weeks ago. She had a condo and left everything she owned to my step brother. My father had no will. The only asset he had was this house. Him and his wife were separated for several years and lived in separate homes, but never divorced. There is a mortgage on the house that my father lived in and my step brother is living there and paying because he is afraid if he doesn't they will foreclose. Nothing has been probated yet. Would it be to my advantage to go and probate my fathers estate before my step brother would probate his mothers estate?

 

[anteater]

Would it be to my advantage to go and probate my fathers estate before my step brother would probate his mothers estate?

Since your father predeceased your stepmother and did not have a will, his estate would be distributed as follows:

If any part of an Ohio decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

If there are no children of decedent or their lineal descendants, or if all of decedent's children are also children of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.

If there is one child of the decedent or the child's lineal descendants survive and the surviving spouse is not the natural or adoptive parent of the decedent's child, the surviving spouse is entitled to the first $20,000 plus one-half of the balance of the intestate estate. The remainder goes to the child or the child's lineal descendants, per stirpes.

If there is a spouse and more than one child or their lineal descendants surviving, the surviving spouse gets the first $60,000 if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first $20,000 if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate. The remainder goes to the children equally, or to the lineal descendants of any deceased child, per stirpes.

I would suggest that you gather information about the value of the house and the mortgage balance and consult with an attorney concerning probate.

(Your father had no other assets? Not even a checking or savings account? A vehicle?)

 

[Farfalla]

accidental double post removed....