New local probate rule adopted

A new rule has been adopted by Lorain County Probate Court regarding the abandonment of real property, according to a release.

The rule, Local Rule 75.2, requires estate fiduciaries to file a motion to abandon real estate and serve the entities name in the rule, the release states.

It was drafted in cooperation with Lorain County Treasurer Daniel Talarek, County Recorder Judy Nedwick and Lorain County Assistant Prosecutor Chris Pyanowski. It takes effect immediately.

The release said when real properties are abandoned, they create “zombie” properties, which are vacant, under-performing or underwater financially. When these properties show obvious signs of neglect, it can lower the property values of an entire neighborhood, and are susceptible to vandalism and squatters, according to the release.

The aim of the new rule is to determine whether the property can remain a positive part of the estate and to return it to a productive state as soon as possible, the release said.

The rule reads: “Motions to abandon real property and notice of hearing shall be served by the movant upon all beneficiaries and next of kin, lienholders who have an interest in the property, the county treasurer, the appropriate building department or zoning inspector where the property is located, and the county land bank.

“A copy of the legal description must be attached to the motion. All motions to abandon real property shall be set for hearing. If the motion is granted, the entry shall be recorded with the county recorder by the movant, with copies of the entry served upon all lienholders, the county treasurer, the building department or zoning inspector for the jurisdiction and the county land bank.”