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OTS 3.4

3.4 CONVEYANCES-SURVIVORSHIP

Problem A:

What language creates an estate with right of survivorship?

Standard A:

Where the operative words of a deed clearly express an intention to create the right of survivorship, such expressed intention will be given effect and the survivor will take by force of the terms of the grant. Upon the death of the other grantee or grantees, the survivor acquires the entire estate, subject to the charge of death taxes.

A conveyance is sufficient to create an estate with right of survivorship when it contains "to A and B for their joint lives, remainder to the survivor of them, his or her heirs or assigns" or the like. A conveyance is not sufficient to create an estate with right of survivorship when it contains "to A or B"; "to A or B, their heirs or assigns"; "to A or B or his heirs and assigns"; "to A and B or the survivor"; or the like.

Any deed or will containing language that shows a clear intent to create a survivorship tenancy shall be liberally construed to do so. Use of the word "or" between the names of two or more grantees or devisees does not by itself create a survivorship tenancy, but shall be construed and interpreted as if the word "and" had been used between the names. (R.C. Sec. 5302.20)

Comment A:

Revised Code Section 5302.20 effective on April 4, 1983.

(Effective as amended November 11, 1989; originally adopted November 1, 1952, and amended May 8, 1969)

Problem B:

What shall be sufficient proof of the first death of a grantee of a survivorship deed?

Standard B:

A certificate of transfer as provided in Section 2113.61 under the Revised Code or an affidavit accompanied by a certificate of death. For contents of the affidavit see Revised Code Section 5302.17.

Comment B:

For property affected by Revised Code Section 5309.09 (Torrenized Property) the procedure for the transfer of the interest of the decedent shall be pursuant to Section 5309.081 of the Revised Code.

Problem C:

Does subsequent incompetency of one or more of such owners alter the interests so created?

Standard C:

No.

Comment C:

The incident of survivorship is not destroyed.

(Effective November 15, 1969; replaces Problem C of May 21, 1953)

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