Legal Question in Real Estate Law in Ohio

Survivors on a Deed

We are looking to buy a piece of land that has minor survivors on the deed. The lady that owns it messed up when she added the as survivors (nieces, nephews etc..) and soon after realizing that she filled out an affidavit signed by a local deceased judge. Is the title clear with that affidavit or will it clear if she takes the deed and affidavit to the recorders office?


Asked on 1/24/09, 2:14 pm

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Survivors on a Deed

Without seeing the affidavit I cannot tell you whether it would be sufficient or not. It would have to be recorded to be effective.

I would definitely suggest that you get either a reputable title company or an attorney involved in the transaction to make sure that you get clear title. I would also highly recommend title insurance it would be a small price to pay to make sure that you get clear title to the property.

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Answered on 1/24/09, 2:45 pm


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