Ohio is not a community property state so people who are married can acquire property in their sole name. If your husband added another person's name as a joint tenant with the right of survivorship the property will automatically pass to that other person if he dies. If he is a tenant in common with the other person you would inherit his half interest if he died intestate or left his interest to you in his will. You have no immediate rights in the property.
No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.
You need to check the language in the deed by which the three acquired the real estate. If the property was acquired a joint tenants with the right of survivorship then your mother-in-law's interest automatically passed to the surviving owners (you and your husband) when she died. There is no need for probate. If the property was acquired as tenants in common with your mother-in-law then her next of kin would inherit her property. If your husband and his sister are the only children, and there was no will, then they would share her interest in the property equally and her estate must be probated in order for title to pass to her heirs at law.
If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below. If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.
The H & W own the property in fee. However, the property is subject to the life estate of the mother. If they wish to sell or mortgage the property she would need to sign the deed or mortgage. If she no longer lives there then they should obtain a release from her for her life estate and the release should be recorded in the land records. Otherwise, only a death certificate will extinguish the life estate as a burden on the property.
That may require a payment of taxes. The form of the life estate will also affect the tax situation.
If mother and son own real property as joint tenants with the right of survivorship when mother dies the son will become the sole owner and the property will not become a part of the mother's estate.
Probably not, check your mortgage for what can be done with the property. Lenders do not like property encumbered with life estates.
Can you sell a real estate property titled in trustee after mother and father dies
Signing a mortgage does not give you an interest in the real estate. An interest in real estate is acquired by deed. Hopefully you are also on the deed to the property as the joint owner with the right of survivorship. That would make you the sole owner of the property upon your mother's death. However, if you are not on the deed and you signed the mortgage then your mother's death would make you solely responsible to the lender for paying the mortgage and you would need to probate her estate so that title to the real estate would pass to her heirs. If there are other siblings they would inherit an equal interest in the property and perhaps you could make a claim against the estate for your mother's half of the mortgage balance. You should speak with an attorney.
A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.
If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.
It depends on where you live. In the United States a husband has no "control" over his wife's separate property. Even in a community property state any property acquired through inheritance will be considered separate property and will remain the sole property of the recipient. You should make certain not to commingle the inheritance with marital funds. Keep inherited cash or stock in a separate account- always. Also, keep in mind that if your spouse provides manual or financial assistance that enhances the value of your inherited property such as real estate, they may be entitled to a portion of the value in the case of a divorce. State laws vary. You should consult with the attorney handling the estate who can review your situation and explain your rights and options.