My friend and I are both on the deed of our house, she has recently gotten married. We want to have a deed drawn up so that if one of us dies that person's half goes to the other, free and clear. Which we both have agreed then will pass on to her son,at the time that person dies. We realize this would be two separate steps. Can anyone please tell me if that would be a survivorship deed or transfer upon death. I am not sure what the difference between the two are?
We live in Ohio. Thanks in advance for any help!

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Originally Posted by sunrise1955

My friend and I are both on the deed of our house, she has recently gotten married. We want to have a deed drawn up so that if one of us dies that person's half goes to the other, free and clear. Which we both have agreed then will pass on to her son,at the time that person dies. We realize this would be two separate steps. Can anyone please tell me if that would be a survivorship deed or transfer upon death. I am not sure what the difference between the two are?
We live in Ohio. Thanks in advance for any help!

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Why not just handle it by Will instead of by Deed?

We thought about that but a will can be contested as a deed can't not. We both have someone that may feel they have a right to step in over a friend and try to cause problems

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Originally Posted by sunrise1955

We thought about that but a will can be contested as a deed can't not. We both have someone that may feel they have a right to step in over a friend and try to cause problems

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Well, again, a Will drawn by an Attorney and legally witnessed can be questioned but not set aside. A deed can also be questioned, same problem, undue influence, whatever anyone is going to try to argue.

You need an Attorney to prepare the new Deed anyway; why not contact one and ask - ? Are you positive that the present Deed is not written in such a way that the survivor inherits?

If the deed is lsited as joint tenants with right of survivorship, then the survivor gets the house. Shouldn't be a problem.