Legal Question in Wills and Trusts in Ohio

i want to have my name and my daughters name on my deed, also would like to be able

to rec'v homestead reduction when i turn 65. Plus no inheritance tax for my daughter to pay

when i die. Is there a deed type that covers that??


Asked on 2/18/10, 7:23 am

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Your question poses many issues and I would suggest that you consult with an attorney directly.

There are two ways to put your daughter's name on the property the first is by a joint with right of survivorship deed. This is not a good way to add someone to the property since it exposes your property to her creditors, has unfavorable income tax consequences for both of you when the house is sold and may not allow you to get the homestead deduction. The better alternative is a transfer on death affidavit which woudl allow your daugther to receive the property at your death and the properrty would remain yours during your life.

Ohio does have an estate tax which applies to estates over $333,338.00. If you want to avoid this estate tax you will need to engage in some tax planning.

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Answered on 2/23/10, 7:33 am
Christine Socrates Meyers, Roman, Friedberg & Lewis

I agree with the previous attorney regarding the recommendation of a transfer on death affidavit. You daughter will not have an "inheritance tax" but your estate may incur an Ohio Estate Tax if over the exemption amount. If you need further assistance, please contact my office at http://www.socrateslegal.com .

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Answered on 2/24/10, 8:49 am


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