Legal Question in Real Estate Law in Ohio

My Mom has 3-6 months to live due to cancer. I am one of two executors. How should a deed be stated in order to avoid probate court? Is there such a thing as surrendered at death to beneficiaries so the home can be sold and divided up without any legalities?

Asked on 6/06/13, 9:30 am

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

You should consult with an attorney regarding a Transfer on Death Affidavit Designation. Once recorded with the County Recorder's Office, this document allows the property to pass to the beneficiairies immediately without going through probate.

Read more
Answered on 6/07/13, 4:01 am
J. Norman Stark J. Norman Stark , Attorney, Architect

Agreed! Transfer on Death Deed, properly prepared, with accompanying

Affidavit, when recorded prior to death of maker, will serve your purpose. Cost is nominal for recording fee, probably about $20.00.

Consult an experienced Attorney ASAP. Good luck and God Bless...


J. Norman Stark

(216) 531-5310 Ext. 22

Cleveland, Ohio

Read more
Answered on 6/07/13, 4:58 am

Related Questions & Answers

More Real Estate and Real Property questions and answers in Ohio