QUESTION

recently my father passed away , my sister was living with my father and claims she can not find the wlll . what happens if there is no will. 5 adults

Asked on Jun 17th, 2012 on Wills and Probate - Ohio
More details to this question:
5 adult children our father has always told us there was a will but it seems that it may not be the case. What will happen without a will with the property, we will not be able to settle without a fight cause the older adults have bad credit can not afford to buy house and pay us off the other 3 do not want the house but we want our split. any advise.
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1 ANSWER

"Intestacy" is the term used when a person dies without a last will and testament.  If someone dies intestate, then his or her next of kin (i.e., family) receive the property according to the list found in Ohio Revised Code 2105.06.  If your father died without a surviving spouse, then his property will be divided among his 5 children.  It is possible, if everyone agrees, for some people to receive title to the house in exchange for either other property in your father's estate (such as a bank account) or the sibling "buying out" the other siblings.  If no one wants the home or can afford to purchase it, then the administrator (person appointed by the probate court to manage your father's assets) can sell the home to a third party and divide the proceeds among the beneficiaries, the five children.  Best wishes! This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice.
Answered on Jun 25th, 2012 at 3:53 PM

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