Inheritance of home in joint tenancy after grandmother's death in Ohio.

Question

I live in Ohio and own a home with my grandmother. The property title is held in joint tenancy. My grandmother does not have a will. When she passes away, will I automatically own the entire home, or will half of the home be inherited by her children?

Beverly A Stull · Answer

If the deed is joint tenancy with right of survivorship, you will file an Affidavit with the county recorder and your grandmother's death certificate, and the entire house will be in your name.  If it is jointly owned but does not have the survivorship language, then your grandmother's half will need to be probated and will go to her next of kin.

James L. Arrasmith · Answer

If your property is truly held in joint tenancy with right of survivorship, you will automatically inherit your grandmother's share of the home when she passes away, regardless of whether she has a will. Joint tenancy is specifically designed to bypass probate and intestacy laws - the property transfers directly to the surviving joint tenant immediately upon death. This means your grandmother's children would have no claim to the house, as her interest in the property ceases to exist at her death and yours expands to include the entire property. 
 
However, it's crucial to verify that your deed specifically states "joint tenancy with right of survivorship" and not just "joint tenants" or "tenants in common." In Ohio, the specific language matters greatly - if the deed doesn't explicitly include survivorship language, courts might interpret it as tenancy in common, which would mean your grandmother's share would pass to her heirs through intestacy laws. Check your deed carefully for phrases like "as joint tenants with right of survivorship, and not as tenants in common." 
 
To ensure a smooth transition when the time comes, keep the original deed in a safe place and be prepared to file an affidavit of surviving tenant with the county recorder's office along with a certified copy of the death certificate. This process is typically straightforward and doesn't require probate court involvement. You might also want to verify with the county auditor that the property tax records correctly show the joint tenancy, as this can help prevent any challenges from family members who might not understand how joint tenancy works.

Q: Inheritance of home in joint tenancy after grandmother's death in Ohio.