Legal Question in Real Estate Law in Ohio

My wife and I are transferring by Ohio quitclaim deed our real estate to our living trust. My question is do I have to have an attorney noted as "this instrument prepared by" in order to make it valid in Ohio?


Asked on 7/09/11, 8:27 am

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Inquirer: No, you need not have an endorsement of an Attorney, provided you have prepared the Quitclaim Deed properly and completely, to effect the purpose intended, clearly and legally.

You may wish to consult an Attorney regarding the desirability of a "Transfer on Death" Deed, since this statuory conveyance will exempt and relieve such transfer entirely from Probate proceedings in the event of death.

This new deed law, effective on August 29, 2000, will dramatically change and simplify transfers of real property and interests in real property to designated beneficiaries, without any need for Probate Court filing, review, or approval.

This procedure will save you money and time. This relatively uinknown deed form requires only that you name yourself and each and all of your intended beneficiaries, to whom your real property and interests in land will transfer upon your death, without complicated, costly procedures, or probate court filings. There is only a small recording fee payable to the County Recorder. Husbands and wives may now arrange for such real property transfers on death to each other and/or to children or others named, without any need for formal Will provisions, or other complicated filings or expense. And, the new deed form may be rewritten, modified or changed at any time before the death of the owner of the property, by simply preparing and signing a new �Transfer on Death� deed form, naming new intended beneficiaries.

The fees for this service are reasonable and very affordable. Consult an experienced Attorney for assistance with this procedure. Good luck,

Sincerely, J. Norman Stark, Cleveland, Ohio.

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Answered on 7/09/11, 9:24 am


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