Need help drafting a Survivorship Deed? Fill out our contact form to have us set you up for a special fixed rate. Or keep reading to learn more.
What is a survivorship deed?
A Survivorship Deed, also known as a Joint and Survivorship Deed, is a legal document that transfers property to two or more people as joint tenants with the right of survivorship. Both people own the property equally, but if one of them passes away, the other automatically inherits the deceased person’s part of the property. A deed can have an unlimited number of joint tenants.
Common examples of uses for a survivorship deed:
- Avoiding probate between husband & wife
- Putting a child on the deed to plan for an estate
In a transaction with title insurance, we recommend the use of a Joint & Survivorship Deed for married couples. If you’re buying a house, you can request that the title company give you a survivorship deed instead of a standard warranty deed.
Why hire an attorney to draft your deed?
In Ohio, only an attorney can draft a deed for others. All title companies must use an attorney to draft deeds.
Many clients ask why they need to engage a lawyer to draft a deed if they can download a form off the Internet. The obvious answer is that the recorder’s office is happy to take your money now and accept a defective deed. Errors won’t be noticed for years, sometimes decades, down the line. By that time, it’s often too late to reach the seller to correct the problem.
What kind of mistakes can happen?
Here’s a short list of potential issues that we commonly see when property owner try their hand at drafting their own deeds:
- Dower not released by a spouse
- A deed conveys property to a minor child
- A trade name or trust without a trustee is named
- Legal description is incorrect or references the wrong parcel
- Notary clause not properly drafted or improperly filled out
- Grantee’s name misstated or omitted
- Grantee’s corporation or LLC not registered with the state
All of these issues and more can cause a deed to become void. Don’t let this happen to you! Our resident experts use a thorough checklist to evaluate each transaction to ensure that no mistakes are made. Whether you need a full closing or simply a quitclaim deed, we can help you get it done quickly and smoothly.
OK, I’ll hire an attorney. What does it cost?
Most lawyers charge a high hourly rate for their time talking to you, drafting the deed, and driving it to the recorder’s office. The volume of deeds we do enables us to extend a special rate to you, rarely seen among lawyers–we will draft and record your deed for a low fixed rate of $500, plus state tax and fees.
Call us today at 888-403-1259, email info@lawcarson.com, or fill out the form below and we will promptly return your inquiry. We usually have a turnaround time of one to two business days, with same-day rush service available.
