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    sunrise1955's Avatar
    sunrise1955 Posts: 4, Reputation: 1
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    #1

    Apr 18, 2008, 06:28 AM
    Suviorship Deed or Transfer Upon Death
    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!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 18, 2008, 06:33 AM
    Quote 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!

    Why not just handle it by Will instead of by Deed?
    sunrise1955's Avatar
    sunrise1955 Posts: 4, Reputation: 1
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    #3

    Apr 18, 2008, 06:41 AM
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Apr 18, 2008, 06:44 AM
    Quote 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

    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 18, 2008, 08:05 AM
    If the deed is lsited as joint tenants with right of survivorship, then the survivor gets the house. Shouldn't be a problem.

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