Legal Question in Real Estate Law in Ohio

Warranty Deed vs Quit Claim Deed, Attorney required?

We are trying to get my mothers house (which was willed to her by her mother) transfered into her name. It is currently in the name of my aunt whose husband was the executor of my grandmothers estate and subsequently died prior to completing the transfer. Which would be better for us to have, a warranty deed or quit claim deed? Are the services of an attorney required by either if we have the legal description etc and access to a notary? Is it possible for the grantor (my aunt) to have her portion notarized in her home state of TX and the grantee (my mother) to have her portion notarized in her home state of OH? Should there be any fees etc charged for the filing of the deed with the county auditor? There will be no money exchanged so how should we complete the Exemption of Fees form DTE 100EX? All of the taxes are paid and my g-parents received a clear title to the property upon their purchase and we know that there has been no liens etc placed upon the property since that time, so should there be any problems with the transfer of the deed and my mother subsequently selling the property should she decide to do so? Your help with this will be greatly appreciated!


Asked on 4/27/04, 8:51 am

1 Answer from Attorneys

Re: Warranty Deed vs Quit Claim Deed, Attorney required?

You have some inconsistency in your question. If your grandmother left the house to your mother via her Will, I don't understand how your Aunt is in Title to the house. It should still be in your Grandmother's name. It will take a Fiduciary Deed from your grandmother's executor (whoever is named after your Uncle in her Will) after they have been duly appointed by the Court to serve as Successor Executor. Only the Executor would sign the Fiduciary Deed and it would be notarized in the state where they reside. Your mother is the grantee and does not sign the deed. Once your mother records the deed, she can sell without any issues. The Auditor will charge a parcel fee (depends on the county) which is usually nominal. There is no conveyance fee since she is inheriting. There is a box to check for inheritance--they should want you to use "S". The auditor will assist you with that. I would recommend an attorney either for the Estate to make sure it is done properly or on your end. A recorder does not tell you if it is right or wrong, that is up to you to investigate.

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Answered on 4/27/04, 9:24 am


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