Ohio  |  Real Estate Law

Legal Question

Asked on: 10/01/09, 5:26 pm

Recently my dad passed away. My dads name along with my moms name is on the deed of the house. Recently we were told because it does not have the words "survivorship" anywhere on the deed that in order for my mom to have my dads name removed and someone else added in case she died that she would have to go through probate court. I don't understand why since it is in both my mom and dads name. Couldn't she just add someone else's name anyway and if she passed away it would just go to the person on the deed that is now alive. I checked my deed and it just has my husbands name and my name no "survivorship" word anywhere. Then I got curious so I started calling people I know and so far at talking to 9 people, not one person I've talked to says that their deed says "survivorship" anywhere. What gives?

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