Legal Question in Wills and Trusts in Ohio

Mother still owes mortgage balance on current home, but wants to add daughter to deed and remove husband who is deceased. Please advise


Asked on 10/05/11, 7:15 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

The transer of the property will not affect the mortgage on the property. It will remain a lien on the property and will either have to be paid off or the property sold.

For income tax capital gain reasons your mother may not want to transfer the property to daughter duirng her life. A better option may be a transfer on death affidavit.

Your mother should speak with an experience estate planning or elder law attorney to make sure she understands all the consequences of this transfer.

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Answered on 10/06/11, 5:18 am


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