Legal Question in Wills and Trusts in Ohio
my father set up in his will for his house to be divided between his children. He has been living with his girlfriend and recently added a survivorship clause to the deed that reads "for their joint lives, the remainder to the survivor of them". Does that mean that his children, as set in the will, do not have any claim to the property (house) at any time after he dies? If the co-owner sells of dies after my father, is the will in play or does this clause null and void anything in the will? Does this also include items in the house or just the house and land?
1 Answer from Attorneys
Unfortunately, if your father has a joint and survivor deed with his girlfriend, that house will transfer to his girlfriend despite what his will says. The reason for this is the will only applies to assets that go through the probate process and a joint and survivor deed will transfer outside of probate. His girlfriend becomes the sole owner after your father's death and her will or estate would govern what happens to the property after her death. If your father had a deed that was in his individual name alone the property would be a probate asset at his death and the will would govern its transfer.
If your father wishes for the property to go to his children after his girlfriend's death, he should have only given her a life estate and then to the children after her death. If he is still competent, he can still make changes if his current plan is not how he wishes it to be. If you have any further questions or your father wishes to make changes to his estate plan I would be happy to assist. www.socrateslegal.com
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