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If I am married and I own my home is there a way to transfer it upon my death to my mother instead of my spouse?

Wapakoneta, OH |

I live in the state of Ohio and want to transfer my home to my mother upon my death. My spouse is in agreement with me to give it to my mother if I die before her.

Attorney Answers 3

Posted

Yes, you can either leave it to her in a will or use a transfer on death affidavit filed with the county recorder. The advantage of the affidavit is it doesn't require probate. Your spouse will also need to sign.

For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.

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Posted

The key point in the prior answer us that your Wife must sign the TODD Affidavit. I would advise that form of transfer instead if a Will. First, as mentioned, the Affjdavit avoids probate. Second, if a Will Is used, your Wife can change her mind and make a n election to take against the Will. That might end up depriving your Mother of so e or all of your intended bequest.

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Posted

It is possible to transfer your home, upon death, to your mother ... but doing so will require your wife's cooperation. She will need to sign the Transfer on Death deed. If you leave the house to your mother via Will, your wife will have the statutory option to "take against the Will" and prevent the house from passing to your mother. TOD deeds have had an on-again-off-again history in Ohio, so make sure you consult with an Certified Specialist in estate planning or a real estate expert to get this done properly.

You don't say whether this is with or against your wife's wishes, but given statutory dower rights in real estate, it is not possible to accomplish exactly what you wish if your wife objects. This is definitely not an area for do-it-yourself lawyering.

Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.

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