Legal Question in Wills and Trusts in Ohio
probateable assets
If a house is in the names of both a father and daughter, and the father dies, is the house considered part of the estate? Is the house considered a part of the estate and if so, is it probateable or non-probateable?
2 Answers from Attorneys
Re: probateable assets
If it is a survivorship deed, it need not go through probate to transfer to daughter. However, it may still be taxable as part of the estate.
Re: probateable assets
Is the real estate in Ohio or Florida?
The language in the deed will determine whether or not the property must go through probate court in order for dad�s share to be distributed. If Dad and daughter own together it may be that Dad�s share is part of his estate. If there is language that allows the property to be transferred on death of dad to the daughter, then the property is not part of Dad�s estate.
If you call and give me a little more information I will be able to give you a better answer! No Charge or obligation for the confidential call.
Good Luck
DHDavies
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