Legal Question in Wills and Trusts in Ohio
Is There a WAY Where There Is No WILL???
Nearly twenty years ago I got divorced and the Ohio court ordered the husband to relinquish title to some Ohio real estate to which we held joint title.
Rather than simply do that, he and his attorney created a quit-claim deed entitling the property not just to me, but ALSO to my mother, who died intestate last year.
Having been told that this creates a ''cloud'' on the title, I am wondering if the family court would be willing and able to declare a clear title to the me along the lines of its original original order?
My mother died of a years-long illness so her affairs had been 'settled' long prior to her death and there is no other reason to endure the 'estate' or 'probate' process. Moreover, I'd like to avoid involving several greedy would-be partial heirs (my siblings) who could seek undue gain as children of the deceased.
2 Answers from Attorneys
Re: Is There a WAY Where There Is No WILL???
Why was your mother included on the quit claim deed? Were there joint and survivor provisions in the deed? If so, you may only need to file an affidavit of survivor and a copy of the death certificate. If the property was not held in a joint and survivor fashion, then there is no avoiding probate, and all of the heirs have an interest in the property.
Re: Is There a WAY Where There Is No WILL???
Depending on the value of the property you could do a release of administration in order to have the title transfered to you. A release is a sumary manner to transfer the property. It is highly unlikely that the Domestic relations court will do something this long after the divorce.
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