Q: OH TOD deed to one person, then a new TOD deed to another but that one was revoked. Is the first one still valid?
My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a will signed after my mothers TOD deed designates someone else as the beneficiary of the property who’s claim is valid?
A: It depends on how each was worded and if they were properly executed and recorded. They would have to be reviewed by an attorney to give an accurate answer. A properly worded, executed, and recorded TOD affidavit would take precedence over a different designation in a will. Use the Find a Lawyer tab to retain a local real estate attorney to review the deeds and advise you.
As a general rule, a new TOD designation affidavit revokes the old TOD designation affidavit , regardless of whether it says so on the new TOD designation affidavit or not.
Therefore, it is very possible that the property will go to the person named in the will.
Having said that, you need to show all the documents to a lawyer to know for sure.
Also, documents related to TOD designations that were signed prior to December 28, 2009 were governed under a different Ohio statute. The lawyer would need to see if those documents were done before then to decide which law applied.
This is only a general synopsis of the law and CANNOT be relied upon by anyone for legal advice.
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