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Probate lawyer. estate in different states.
Anonymous14 views3 answers
My mother in law recently died. She did not have a will or any preparations in place. She owned a house in Ohio and owns mineral rights to land in Montana, we live in Minnesota. Her partner/boyfriend owns half the house in Ohio and we do not want to be in that situation and he is in no situation to buy us out. If her estate also has debts attached to it, can a sale of the house be forced to satisfy the debts? Do we need to hire lawyers in both states to handle the estate? Could we hire someone locally in MN to handle the whole thing for us?
Thanks
Matthew UnderwoodEstate Planning AttorneyMadison, WI ·
The probate process is generally started where the deceased person was a permanent resident. If your mother-in-law was a permanent resident in Ohio, then you may need to contact a probate in attorney in Ohio to begin probate. But you may want to start by talking with a probate attorney in Minnesota to get some background information and see if someone in your area can help you.
Once a personal representative is appointed in the primary probate state, you can open ancillary probate in other states where your mother-in-law owned property. You probably don't need to hire a separate attorney in each state where your mother-in-law owned property. The personal representative and your probate attorney can usually manage the ancillary probates as well.
Each state may have different laws on the probate process and how property is to be distributed if there is no will. It is important to find an experienced probate attorney who can guide you though the process.
You will need to consult with attorneys in Ohio and Montana to find out what should be done.
You could retain a local attorney who will manage the project for you.
You should examine the Ohio and MT deeds. If the Ohio house title is in joint tenancy with her boyfriend, then your mother in law's estate does not own her half. (Her boyfriend is now the sole owner.)
