Legal Question in Real Estate Law in Ohio

Re: surviership on deed of property

To claim title to the house, you should file an Affidavit and Certified Death Certificate for your husband with the Cuyahoga County Recorder to remove his name from the title. You can then either have a new survivorship deed or transfer on death deed recorded to convey the property to your children without probate. The disadvantage of a survivorship deed is that your children get an immediate interest in the property, which means that they become co-owners with you and the property is also exposed to their creditors. The disadvantage of a transfer on death deed is if your children cannot work together, there will be problems selling the house after your death. My cost to draft the survivorship deed is $150 and the transfer on death deed is $175. There is also a $28.50 recording fee.

Harold L. Hom

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