Q: What happens if a house isn't transferred from a deceased's name despite a will and TODD, and the heir only pays bills? Grandfather died in 2019, house still in his name, heir took no action. My dad can transfer to me; what scenario unfolds if he dies?
What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child and heir, has not filed my grandfather's will or the TODD to transfer the house into his name. He claims his deceased lawyer advised him there was no time limit in Ohio to transfer the property. I am the executor of my dad's will, in which he has a TOD to me. What would happen to my grandfather's house if my dad dies, given that the house is still in my deceased grandfather's name?
A:
Your father needs to take the steps necessary to transfer the house from your grandfather to your father. Transferring the deed on death requires the death certificate, and affidavit to be recorded. Your father should also take the steps necessary for the lender, if any, to recognize your father as a successor in interest.
It may be that nothing happens and when your father passes, his heirs and beneficiaries will have to transfer the real property from your grandfather to your father.
What I have seen in the past, if there is a lender and mortgage on the property, then the lender will place several payments in suspense once it learns that your grandfather has died. The funds in suspense will not be applied to the debt, and then the funds will be sent back, and the lender will refuse to accept any further payments. By the time anyone properly deals with the situation, late charges, interest and attorney fees will escalate and a foreclosure will be filed against the unknown heirs of your grandfather. The property will be foreclosed upon before anyone knows about the foreclosure.
A: Your best bet is to file an affidavit of confirmation along with a copy of your grandfather's death certificate with the county recorder's office. That will provide notice that the property is now titled in your dad's name. You will also need to file appropriate documents with the auditor's office too (such as the tax exemption form). Your dad may do this himself or an attorney can do this for a fairly modest cost. Look for someone who regularly deals in real estate and probate law. Good luck.
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