Legal Question in Wills and Trusts in Ohio
transfer upon death deed overides joint and survivorship deed
My mother is terminally ill.Property deed is joint and survivorship with my father.They were divorced when house was originally purchased (this fact is not on deed). They remain legally divorced, but father is still on joint deed. Mother wants to leave her half of the house to my sister and I. We filed a transfer upon death deed(Mother leaves her half of the house to two children), but the clerk was concerned that the original deed wording of joint and survivorship would overide the transfer upon death deed. Another complication is that my disabled father's half of the house is slated to go to Medicaid upon his death.What will happen if my mother's portion goes to my father? Will Medicaid have the right to that property too? Please confirm or explain the legality of all this.
1 Answer from Attorneys
Re: transfer upon death deed overides joint and survivorship deed
You need to see an attorney personally regarding this situation. The clerk may very well be correct. Call your local bar association and ask them for a referral. Many attorneys will give a free intitial consultation.