When drafting a deed or any legal document transferring real estate, it is critical to have a knowledgeable attorney.  Not only must the document be accurately prepared, but also it must be signed and executed in accordance with Ohio law.  The probate lawyers at the Law Offices of Bergman & Yiangou have the knowledge and experience to ensure that your deed is created and executed properly.  Our experienced attorneys can draft any type of deed to suit your specific need.  Contact our legal office today to set up a free consultation with one of our real estate lawyers.  You will have peace of mind knowing your deed was created properly and conforms to all the legal requirements.

columbus_deeds_will_and_testamentWhat is a deed?  How are deeds filed?

A deed is a legal document created to pass title (ownership) of real estate from one party (the seller or grantor) to another (the buyer or grantee).  Deeds are filed and recorded in your local county recorder’s office.

Can a properly created deed help me avoid the probate process?

Yes.  A transfer on death designation affidavit can be used so property can be transferred without opening a probate estate (see below).  Additionally, there are other ways deeds can be created to avoid the probate process.  Always consult with an experienced real estate attorney before assuming anything.  The law is very complex; having an attorney review any legal documents, including deeds, is a necessity.

What types of deeds are there?

There are many different types of deeds available.  Our law firm has experience drafting any kind of deed.  The most common types of deeds our firm drafts include:

  1. General warranty deeds
  2. Limited warranty deeds
  3. Quit-claim deeds
  4. Survivorship deeds
  5. Transfer on Death Designation Affidavits

What is a general warranty deed?

A general warranty deed is the most common type of deed and is used for an arms length transaction which is a real estate transaction between two people acting independently, according to their own self interest, and not under pressure or duress to make the transaction.  It contains warranties (or guarantees) from the seller/grantor indicating no other party has an interest in the real estate, with the exception of those parties listed in the deed, and that there are no encumbrances.  If the buyer/grantee finds out later that the property is encumbered by another party or lien, the original seller can be sued.

What is a limited warranty deed?

A limited warranty deed is similar to a general warranty deed.  With this type of deed, the seller of the property only guarantees that the property is free of encumbrances since his purchase of the property.  The warranties in this type of deed are not as broad as in a general warranty deed.  These types of deeds are most often used by lenders attempting to sell foreclosed property.

What is a quit-claim deed?

A quit-claim deed is used most frequently to transfer real estate from one family member to another.  These deeds can also be used when property is transferred with payment.  A quit-claim deed does not contain any warranties that would be seen in general or limited warranty deeds.  If the property is found to be encumbered, the buyer is unable to sue the seller.

What is a survivorship deed?

Survivorship deeds are used by people who want to ensure that their real estate goes to his or her surviving partner or relatives upon death.  Survivorship deeds can specify any number of heirs or assigns (i.e. survivors), with the last surviving party getting complete ownership of the property.  When one of the parties to a survivorship deed dies, the real estate will pass to the survivor free of probate court.

What is a transfer on death designation affidavit?

A transfer on death designation affidavit is an affidavit that names the beneficiary (or beneficiaries) of real estate.  This type of document can allow the real estate to transfer to another party without opening a probate estate.  The affidavit designating the beneficiary must be notarized and filed with the county recorder’s office prior to the death of the real estate owner.  This form of transferring real estate replaced Transfer on Death Deeds, which Ohio eliminated on December 28, 2009.

Must deeds be notarized?

All documents to be recorded, including deeds and mortgages, must be acknowledged in the presence of a notary public or other official according to Ohio Revised Code §5301.01.

For deeds or any other legal matter, always contact an experienced real estate attorney for guidance.  Call the lawyers at the Law Offices of Bergman & Yiangou today for your free initial consultation.