Columbus, OH asked in Probate for Ohio

Q: My father had a TOD Will so that his home and property could not be probated.

He listed my sister and her two children as beneficiaries. His attorney who wrote the will stated to me, as long as the house and property weren’t probated it fell into the rest and residue of the estate of which I am named as a beneficiary along with the previous 3 people. I don’t know what to believe

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1 Lawyer Answer
Beverly A Stull
Beverly A Stull
  • Probate Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: I don't know what you mean by a TOD Will. There is a Transfer on Death Designation (TODD) Affidavit, which specifies who will inherit the house after the grantor's death, outside of probate. Anything with a beneficiary, like the TODD Affidavit, will transfer outside of probate and will take priority over the will or intestate transfer. If that is what your father had, you will not inherit the house.

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