QUESTION
Do I have to remove my deceased father's name from the deed and have my name on it?
Asked on Jun 17th, 2015 on Estate Planning - Ohio
More details to this question:
I currently live in a double home that he has no mortgage on it my aunt lives upstairs and owns 50% and we own 50%. The title currently has my Aunt's name and my deceased father's name on it. His 50% share was left to me in his will. Do I have to get his name off the deed and my name on it?
2 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Yes, you need to either open up a probate estate for your father or if the value of the property is below a certain amount, you can file for a relief from administration. Either way, you need to apply for a certificate of transfer from the court in order to transfer your father's half of the property to your name. You also need to probate his will in the probate court in which your father resided at the time of his death. If you would like assistance with this matter, you can contact my office.
Answered on Jun 18th, 2015 at 9:27 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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You can leave the title in your father's name as long as you don't borrow against the property, want to sell it or die.
Answered on Jun 18th, 2015 at 5:34 AM