Moore, OK asked in Probate for Ohio

Q: Does the certificate of transfer supersede the wishes of a will that has gone through probate?

I have a will that gives to the husband as a life estate, then to the daughter as a life estate, then to the granddaughter. The certificate of transfer gives to the daughter, who then conveys the land to another party. It appears that they have ignored or forgotten that the daughter would have only owned as a life estate according to the probate. The certificate of transfer does not mention the life estates.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Probate Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If the Certificate of Transfer is incorrect, then contact the attorney for the estate to file with the probate court to have it corrected. If the daughter sold the property, there could be a real estate title issue for her and the buyer to resolve. If the buyer did a title examination, that should have found the problem.

Aaron Epling agrees with this answer

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