Legal Question in Wills and Trusts in Ohio

Re: real estate title

You need to do a couple of things first you need to file an Affidavit with your father's death certificate to get the property into your mother's name. Then your mother will need to sign a new deed to give the proerpty to you and your sister.

I would highly recommend that your mother consult with an attorney before putting her children's names on the deed this can cause many problems (tax issues, creditor issues etc.) and is not advisable. She may want to consder a transfer on death deed instead.

Re: real estate title

I would definitely get an attorney to assist with this issue. There are numerous things that your mom must consider before she transfers the property over to you at this time.

I understand that this is a difficult time for you and an attorney would be a great asset.

I would be more than happy to assist you with this. Feel free to contact me for a free consultation.

Have a great day.

Re: real estate title

You must go to the county recorders office where the property was located, and file an Affidavit of Surviving Spouse with a copy of the death certificate. It is a fairly simple process that you could do yourself. Most attorneys who practice in this area would have that form, but if you do not use an attorney, the recorder's office may be able to provide you with one.

I do recommend speaking with an attorney prior to transferring the property to your mom jointly with you and your sister. There may be gift tax issues and other concerns to discuss. A better option is a transfer on death deed to you and your sister. You mom would keep the property in her name alone, but on her death it would automatically transfer outside of probate to you and your sister.