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Reif v. Reif
Ohio Court of Appeals
621 N.E.2d 1279 (1993)
- Written by Mary Phelan D'Isa, JD
Facts
The surviving spouse of an Ohio decedent sought a declaration that her deceased husband’s interest in proceeds of the sale of Tennessee property that they held as tenants in the entirety should pass directly to her. Under Tennessee law, if the real estate is held by the entireties, then the tenancy continues in the proceeds from the sale of the real estate. The estate’s executor and co-trustee contended that under Ohio law, the proceeds constituted personal property, which could not be held by the entireties and, therefore, they were an asset of the estate. Both sides moved for summary judgment, and the trial court ruled in favor of the surviving spouse. The executor and co-trustee appealed.
Rule of Law
Issue
Holding and Reasoning (Wolff, J.)
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