Legal Question in Real Estate Law in Ohio
real estate
My mother owns real estate in her
name alone. She had a deed prepared
which transfers on death the real
estate to my sister and myself. If she
dies and I want to sell the real estate
and my sister refuses, is there a legal
resolution?
1 Answer from Attorneys
Re: real estate
Your question points out a continual problem with transfer on death deeds. While these deeds do avoid probate, they often result in a situation where a partition action is necessary to force a sale or buyout. A partition is what would be necessary for you to force a sale. This is a time consuming and expensive process.
In situations where avoiding probate is the issue, I suggest a trust instead of a transfer on death deed whenever there are multiple beneficiaries. The trustee has the final say on a sale, and a partition is avoided. A partition action is much more expensive than a trust, and will usually drag on for a year or more.
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