"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