Legal Question in Real Estate Law in Ohio
Title, deed
My father died a year ago and my mother wants to get a loan on property they owned together (both of their names are on deed) can my mother get a Quitclaim deed to take Dad's name off of the title deed in order to get the loan from the bank or does it have to go to Probate?
3 Answers from Attorneys
Re: Title, deed
If there is a survivorship deed, your mother needs only to file an affidavit and a death certificate. Otherwise, she needs to get a probate court order to get your dad's name off the deed.
Re: Title, deed
If there is a survivorship deed, your mother needs only to file an affidavit and a death certificate. Otherwise, she needs to get a probate court order to get your dad's name off the deed.
Re: Title, deed
I agree with the other answer you received. If you can tell me the address, I can tell you if there was a survivorship deed. If the property was purchased before 1972, it is probably not a survivorship deed, unless it was changed after that year.
The probate process, if necessary, need not be complicated or expensive. It will, of course, depend on the facts of the case.
Please call me if you would like to discuss this in more detail.
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