Cardington, OH asked in Real Estate Law for Ohio

Q: Parent's Transfer on Death Affidavit for real estate, valid after 1 died?

My parent's real estate was in a Survivorship deed in Ohio. My father died and an Affidavit of Surviving Spouse was filed at the county Recorder's office to transfer the real estate to her. Before my father's death, he and my mother filed a Transfer on Death Affidavit for their real estate, with their 4 children as beneficiaries. Is that TOD still valid or does my mother need a new TOD for Real Estate?

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1 Lawyer Answer
Andrew Popp
Andrew Popp
  • Licensed in Ohio

A: A detailed look at the specific language of all the documents as well as what year they were executed is necessary to answer your question. Many subsequent TOD affidavits revoke any prior designations. I recommend sitting down with an attorney to review the situation in detail.

Best of luck.

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