Legal Question in Wills and Trusts in Ohio
Tranferring a Deed
My mother wants to transfer a property deed to a daughter who lives in Michigan. Mother does not want to put this in her WILL; but do it now!
What is the proceedure? I believe the house has no mortgage and if it does, please advise as well.
1 Answer from Attorneys
Re: Tranferring a Deed
Transfering a property to a relative is fairly simple. One needs the legal description and with that you can prepare a deed transfering the property to the daughter in Michigan. The location of the daughter is not relevant. It is more relevant the state of mind of your mother. Does she have the wherewithall to transfer the property adn know what she is doing?
If there is a mortgage one can still transfer the property, but it is subject to the mortgage. The bank may hold that this triggers a due on sale clause as the bank may consider this a sale.
It would be advisable to contact counsel for further advise or contact me at [email protected].
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