Legal Question in Wills and Trusts in Ohio

title to a home

My husband has a terminal illness and the title is a survivorship deed do i still need a TOD? to prevent a probate issue i was told I do by my financial advisor but title co. said no. Which is true?

Asked on 3/14/07, 3:05 pm

3 Answers from Attorneys

James Flaherty James G. Flaherty Co., L.P.A.

Re: title to a home

I'm sorry to hear about your husband. With the survivorship deed, you will take a death certificate and an affidavit and file it in the Recorders Office to transfer the property into your name. You do not need a TOD deed. It is still outside of Probate with a survivorship deed. Also, make sure all the bank accounts, life insurance, IRA's, etc. all have a named beneficiary. Make sure any auto is TOD or in your name. You can opt two autos up to forty thousand from Probate proceedings but the TOD title is easier.

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Answered on 3/14/07, 3:41 pm

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: title to a home

Your title company is correct. You do not need Probate Court to transfer the property into your name. However, after your husband passes away, you will need to record a survivorship deed and places the property solely in your name.

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Answered on 3/14/07, 5:21 pm
Christine Socrates Christine Sabio Socrates, Attorney at Law

Re: title to a home

The property will pass to you on your husband's death outside of probate with your survivorship deed. You will not need a TOD now but may want to have one after your husband's death if probate avoidance is important in planning for your estate.

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Answered on 3/14/07, 6:02 pm

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