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Will paid off house go through probate if there is a lein, and the will states the house goes to children upon death?

Asked over 2 years ago - Cleveland, OH

house is owned by mother only--house is paid off--home equity loan taken out--will states house will go to children upon death. Upon mothers death, will the lein (home equity loan)cause the house to go through probate before house can be sold and split between children?

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Attorney answers (1)

Elizabeth Smith Schmitz

Reputation Level 14

Answered over 2 years ago. Probate Attorney in Columbus, OH.

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It is not the lien that will require the house to go through probate but the ownership of the house. If the house was ownd by your mother only then a probate administration will need to be opened up to give someone authority to sell or transfer the house. The home equity loan will need to be satisfied.

If your mother has not passed away she should consult with an attorney to see if there might be a better way to hold title to the property.

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