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The document is an Affidavit of Surviving Spouse or Joint Survivor for the State of Ohio, specifically Cuyahoga County. It confirms that the affiant and a deceased party were joint owners of a property under a survivorship deed. The affidavit includes details about the property, the death of the joint owner, and requests that the surviving spouse's ownership be updated in county records.

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When and why is a survivorship deed used in Ohio?

A survivorship deed is a deed conveying title to real estate into the names of two or more persons as joint tenants with rights of survivorship. Upon the death of one owner, the property passes to and vests in the name of the surviving owner or owners.

Does a survivorship deed override a will?

Yes. Generally, the right of survivorship will take precedence over a Last Will and Testament if the jointly-owned property is distributed wrongfully in someones estate plans. Therefore, you shouldnt list any property in your Will that you and another person(s) jointly own with the right of survivorship.

What are the survivorship laws in Ohio?

Ohio law provides that a deed must show a clear intention to create a survivorship tenancy. The standard language in a survivorship deed transfers property to the owners for their joint lives, remainder to the survivor of them. It is important for owners to review their deeds to see if this language is included.

Does a survivorship deed avoid Probate in Ohio?

While laws differ from state to state, Ohio inheritance laws state that a surviving spouse cannot be written out of a will. Ohio rights of a surviving spouse include the right to accept what he/she has been given under the deceased spouses will. Or, they may elect to take against the will within five months.

What is an affidavit of survivorship in Ohio?

The affidavit shall certify that the owner of a survivorship tenancy interest in the title to a parcel or parcels of registered land has died and recite the names of the surviving tenants, the current residence address of each surviving tenant, the date of death of the decedent, a description of the land, and the

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What is the meaning of the survivorship rule?

This doctrine dictates that when one co-owner of property passes away, the surviving co-owners automatically inherit the deceaseds share and the deceaseds interest ceases to exist.

What is the survivorship rule in Ohio?

(B) If two or more persons hold an interest in the title to real property as survivorship tenants, each survivorship tenant holds an equal share of the title during their joint lives unless otherwise provided in the instrument creating the survivorship tenancy.

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