Q: Our family farm in Ohio has a general warranty deed, with two brothers listed as tenancy in common.
Can a separate transfer on death affidavit be recorded by each brother, to leave his half of the farm to his desired beneficiary?
A: Each can file an affidavit to direct the transfer of his interest in the farm. But each should have an attorney prepare the affidavit and review all the facts and circumstances, and their goals, to determined if that is the best approach. There can be Medicaid and other issues involved. Use the Find a Lawyer tab and retain a local estate planning attorney to review all the facts and advise, and prepare affidavits, wills, living wills, powers of attorney, and other documents that could be prudent.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
