Legal Question in Wills and Trusts in Ohio
Deed in common/mom died/dad signed his half over to us
My mother died in 1989. My father is still living. they were married when she died. They owned land together ''Deed in Common'' He signed his half over to me and my 2 sisters a month after she died. He just put it thru probate in 2002. Would our mothers half go to our dad or to us? We were all over 18 when she died. There was no will or living trust. One lawyer says it all went to us girls, the other says half is dads. Which should it be? Thank you, Confused.
1 Answer from Attorneys
Re: Deed in common/mom died/dad signed his half over to us
Depends on the total value of the estate. In a no will situation, the first 60K plus 1/3rd of the estate goes to the surviving spouse. If the half is less than 60K, and it was properly transferred to Dad by the probate court via a Certificate of Transfer, than he could transfer it to the children.
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