Quit Claim Property on TOD

[judewes]

My mother-in-law signed a TOD on her property in Ohio and left it equally to her two sons. She passed away 2 months ago. My husband wants nothing to do with the property - no $$ - nothing. He wants to sign a quit claim - which we're hoping will transfer the house to his brother... Is this possible or is there another way to get around this.. We are being told he cannot have the quit claim filed until the Ohio Estate Tax Form is filed. Is this true - isn't there a form he can file to give up his 1/2 of the home? Any help is greatly appreciated..

 

[lwpat]

A lot depends on how the property is titled. You need to contact an attorney and be sure it is done properly or the title will likley not be marketable.

 

[judewes]

Thank you for replying. The property is in both brothers name right now. The lawyer suggests my husband sign a quit claim, but says it cannot be filed until the Ohio Estate Tax for the MIL estae is filed... I don't understand what you mean by " be sure it is done properly or the TITLE will likley not be marketable". We don't want to sell it, my BIL wants to live in the house.. My husband doesn't want anything to do with it. He just wants his name off the title... I hope this makes my question a little clearer... Thanks so much for your time...

 

[lwpat]

The attorney is familar with the situation and local law, therefore you need to follow his adivce.

 

[judewes]

Thank you ......