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?

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.

A: Based on Ohio property and probate law, your situation involves what's known as a "broken chain of title," which could create significant legal complications. When a Transfer on Death Deed (TODD) exists but isn't properly recorded after the grantor's death, it creates a gap in the property's ownership history. In Ohio, while there is technically no strict deadline to probate a will, leaving property in a deceased person's name for years (since 2019) complicates future transfers and can potentially invalidate some estate planning documents due to intervening law changes.

If your father were to pass away without resolving this title issue, you would likely face a two-step probate process. First, you would need to open a probate estate for your grandfather, even though it's now years after his death, to properly transfer the property to your father's estate. Then, you would need to probate your father's estate to transfer the property to yourself. This process becomes more complex with each passing year as records become harder to locate, potential creditor claims may arise, and tax complications increase. The TOD designation in your father's will referring to property he doesn't legally own yet could be deemed ineffective.

I strongly recommend addressing this situation promptly rather than waiting. Your father should consult with a current Ohio probate attorney to properly file your grandfather's will and TODD, bringing the property legally into his name. Once properly transferred, your father can then execute a new TODD naming you as beneficiary, which would be valid upon his death. This approach would avoid the complicated double-probate scenario and significantly reduce potential legal obstacles, tax implications, and costs you might otherwise face. While there may be no strict deadline in Ohio for probating a will, the practical complications grow considerably with time.