Hillsdale, MI asked in Estate Planning and Probate for Ohio

Q: I have a 98 year old father. He has a will. Is there a way to avoid probate on is condo or does his will do that?

His will splits his estate 50-50 between my sister and myself. I have financial POA.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: A will absolutely does not avoid probate. Rather, it guarantees probate. Avoidance of probate requires a different technique such as a trust or a transfer on death designation/document. An estate planning attorney can help you choose the best probate-avoidance technique for you.

Beverly A Stull
Beverly A Stull
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: A will does not avoid probate. You can consult an attorney to prepare a Transfer on Death Affidavit to record with the Recorder's office. That will transfer outside of probate. Alternately, you can create a trust and transfer the condo to the trustee.

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