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
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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.

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

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

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