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One of the primary assets people have to dispose of through a will is their real estate, whether it's the family home, a rental property, or a commercial building. The results of bequests differ depending on whether you own the property alone or jointly with another individual. Below is what you should know about wills and real estate in Ohio.

Property of Which You Are Sole Owner

When you are the sole owner of a piece of property, it means you are the only name on the deed, and nobody has any rights of ownership after you. You can dispose of the property as you see fit in your will. You can leave it to a recipient outright, ask that it be sold and the proceeds split between multiple recipients, or allow a spouse or disabled child to live in it for their lifetime, at which time it can pass to another person of your choosing.

willNote that if you do not leave a will, the property will be transferred via Ohio's intestacy rules. It will go to your spouse or your surviving children or grandchildren if there is no spouse. If you have left no spouse or descendants, Ohio rules dictate it go to your parents, siblings, and—if you have none of those—to your grandparents, aunts, uncles, cousins, etc., and then finally to the state.

Property of Which You Are a Joint Owner

Joint ownership comes in two variations: joint ownership with rights of inheritance and tenancy in common. Under the first, the co-owner(s) inherit the deceased's portion of the property automatically upon death. No portion of the property can be sold without the consent of the other owner(s). Under the second, each co-owner can sell their share as they like and transfer their share to other beneficiaries on their death.

If you own a home with your spouse, for instance, it's likely that you own the property as joint owners with rights of inheritance. If so, full ownership of the house will automatically transfer to your spouse upon your death—and to you upon their death. If you own property with a business partner, on the other hand, you likely own it as tenants in common, and you can leave your share to your survivors when you pass.

 

For assistance in drawing up a will to ensure that your real estate and other property transfer smoothly after your passing, contact the attorneys at Pater, Pater & Halverson in Hamilton, OH. They have been serving clients in and around Butler County for more than 100 years and have built a reputation for excellence and expertise. They also specialize in probate, criminal law, DUI defense, and estate planning. Visit their website to meet their attorneys or call (513) 867-1411 to arrange a consultation.

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