Legal Question in Real Estate Law in Ohio
Fiduciary Deed
Can my husband & I change our Fiduciary Deed to a living trust with the right of survivorship; We need to protect ourselves if one should pass on we do not want his children to come back and try to take the property from wife; It was orginally left to him by a life estate and his children and mother children contested the will and sued and made us buy the property; ITS such a messed up affair that we want to protect what we have;
Thank Yoy;
1 Answer from Attorneys
Re: Fiduciary Deed
You may do a new deed to make the property "joint with rights of survivorship" or you can do a deed to your trust, if you have one joint trust. If you don't have an actual trust document, you would need to do one. If you don't want a trust, then the survivorship deed will leave it to the surviving person by filing an affidavit and the death certificate with the county auditor and recorder. Then your Last Will and Testament controls where it goes on the second death. Call with any questions.
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