Legal Question in Real Estate Law in Ohio
is name needed on deed to be included in sharing estate?
Was advised by parents that my name was excluded from the deed they signed over to us (their children)..both my sister and brother's names are on the deed..mine is not. Was told by sister that she was advised by a lawyer that my name need not be on deed if my name is on my parent's will. Is this correct?
1 Answer from Attorneys
Re: is name needed on deed to be included in sharing estate?
Has the new deed in your sister�s and brother�s name been filed with the county recorder? If so, it does not matter what is in your parent�s wills. The property has already been transferred, and is out of your parent�s estate. You are out of luck. If the deed has not been filed, and one or both of your parent�s wills leave the property to you alone, or to you and your siblings collectively, then the wills will control. If it is the intent of your parent�s to transfer the property to you and your siblings prior to their deaths, then your name needs to be on the deed. Contact me at 216.241.2500, if you would like to discuss this in greater detail.
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