Legal Question in Wills and Trusts in Ohio

Re: transfer on death deeds

Under current law, your future wife spouse will not have any interest in the home if you do a transfer on death deed to your children before you marry. It is possible, but not likely, that the Ohio General Assembly will change this law in the future. Also, you may sell the house and do another transfer on death deed for a new house. I do have one concern. I do not know how many children you have. Generally, if you have more than 3 children, it is a bad idea to use a transfer on death deed. For example, if you have 3 children, it takes all 3 of them to agree on a sales price, all 3 must agree on a realtor, and all 3 plus their spouses must sign the deed selling to the buyer. If one of the children is in a middle of a divorce or does not get along with the other, this could delay the sale of your home.

Re: transfer on death deeds

I agree with Harold but I believe that after you are married, then buy a new house, if you do a TOD deed to your children that your spouse will have to sign off on that deed to release spouse's dower interest. You may want to consider using a Trust.