FAQ

Have Questions?

Check out our FAQ below for some common questions and answers related to Real Estate and Estate Planning issues.

Transfer on Death Affidavits (TODDA) – what are they?

Transfer on Death Designation Affidavits (TODDA), are affidavits that are recorded with the County Recorder that designate one or more beneficiaries to receive title on the death of the Grantor(s).

In Ohio, TODDA’s must be recorded prior to the death of the Grantor and are not valid, even if executed, until recorded with the County Recorder.
TODDA’s recite who the title is currently vested in, how they hold title (Sole Owner, Joint with Right of Survivorship, Tenant in Common), the legal description of the real property, and the beneficiar(ies) to receive title upon the Grantor’s death.

What are TODDA’s used for?

TODDA’s are useful to transfer interest in real property to a beneficiary immediately upon the death of the Grantor. Although recording an Affidavit of Confirmation after title vests in the beneficiar(ies) may be necessary to update the County records, the transfer happens automatically when the Grantor dies.

TODDA’s are often touted as an option to help avoid probate and allow a relatively seamless transfer to the beneficiar(ies).

Quitclaim Deeds – what are they?

A Quitclaim deed is a form of Deed that conveys (read: transfers) any and all interest a person or entity (the Grantor) may have. Quitclaim Deeds convey the Grantor’s interest without warranty or guarantee and regardless of title issues.

Quitclaim deeds, although frequently used, are not always the best option.

Are Quitclaim Deeds and “Quick Deeds” the same thing?

“Quick Deeds” is actually a misnomer of Quitclaim Deeds. When someone says Quick Deed or Quickclaim Deed, what they really mean is Quitclaim Deed.

“Quickclaim” has likely stuck because Quitclaim Deeds tend to be generally simple and quick, they don’t tend to involve much research, because as explained above, a Grantor using a Quitclaim Deed isn’t warrantying or guaranteeing anything when they convey real property in this way.

Should you ever use a Quitclaim Deed?

Quitclaim Deeds have their place and can be very useful to terminate or transfer an interest in real property. Many times you’ll find someone recording a Quitclaim Deed to terminate a Life Estate, Dower Interest, Land Contract, and even a Mortgage (Although filing a Satisfaction of Mortgage is really the better route). Frequently, Courts will order a spouse or former spouse to Quitclaim their interest in real property to the other party in a Divorce proceeding.

Warranty Deeds – what are they?

Warranty Deeds are Deeds that convey the Grantor’s interest with guarantees and warranties of title. Warranty Deeds generally come in several varieties, General Warranty Deeds, Limited, and Special Warranty Deeds.
Warranty Deeds may warrant or guarantee several things, depending whether they are General, Limited, or Special. This warranty may include some or all of the following:
– That the Grantor has the authority to convey the real property.
– That the Grantor will defend the title of the property conveyed.
– That the Grantor is the fee interest holder in the real property – the interest in the real property as indicated on the deed is vested in the Grantor.
– That there are no encumbrances on the interest or title of the property that are not indicated on the deed.

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Akron, Ohio

Email:

support@ohiodeedattorney.com

Phone:

(330) 462-8202

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The information provided on this page is intended for educational purposes only and should not be relied on for and is not intended to be used as legal advice.
Every situation is unique and consultation with a licensed Ohio Real Estate Attorney is your best bet for accurate legal advice.
Use of this website does not create an attorney-client relationship between an attorney and the user.