Q: Please help, I am trying to keep my dads house out of probate after he dies.
I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered will on file. I want to see if I can get my name on the house deed to avoid probate. Mom was never probated. I have some funds right now but do not want to retain an attorney if It will not be worth it as my funds are limited until I get his life insurance. The house is in Ohio. I plan on living here afterwards and assuming what mortgage I cannot pay off. Will someone please tell me if I can avoid probate at all or if I should just wait until he passes? Or should I see an attorney as soon as possible? Please help. God bless.
A: You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If the house is in survivorship you need to have your mother's name removed. Once that is accomplished, if your father is competent, he could deed the house to you or he could sign a transfer on death affidavit that would transfer the house to you upon his death.
Mark Martin Turner and Anthony C. Satariano agree with this answer
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