Wednesday, 16 April 2014

transfer of home ownership upon deathIf there is an uncontested will and all other assets are in a trust, does my mother's house have to be...

Question

transfer of home ownership upon death

If there is an uncontested will and all other assets are in a trust, does my mother's house have to be probated or can we somehow just have the title transferred to our names? The house was owned by her free and clear - no liens. What is the procedure? She was a resident of Ohio and the house is in Ohio but she died in MI.



Answer

Re: transfer of home ownership upon death

If the house is held in your mother's name alone it would have to be probated in the county where the property is located. However if the title to the house was held within the trust, the trustee could transfer it easily without the need for probate.



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