How do you know if an asset passes outside of an estate that is to be probated?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do you know if an asset passes outside of an estate that is to be probated?

My father recently passed. In addition to the plots where he and my mother are buried, dad owned three other plots. On the deed it states “…grant, bargain, sell and convey to the said (name) and his heirs forever, the following described….” Are these plots probatable assets or are they outside of probate and automatically transfer to me and my brothers as the “heirs” like regular real estate that is transferrable on death?

Asked on July 2, 2015 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  A burial plot is considered real property so its transfer can be done in accordance with Ohio state law on same.  If the deed to the plot qualifies as a Transfer on Death devise - and a TOD is valid in Ohio - then the asset passed to (name) upon your Father's death and no, it is not a probate asset.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption