Leaving property to arguing heirs

By Beth Newcomb

Typically, one of the best ways to leave property to your heir or heirs is to create a transfer on death designation, or TOD, says Jay Nabors, a Cleveland based attorney who focuses on estate planning. But there may be a situation that warrants a different approach.

“I’ve handled cases in which property was left to children who don’t get along,” Jay explains. “The parent creates a transfer on death designation affidavit for the house and it goes to kids that hate each other and can’t agree on whether to sell the home and how much to sell it for.”

What happens in a case like this one is a lengthy time in court trying to sort it all out.

“These types of cases can take over a year to resolve,” reveals Jay. “It also means that the parents’ intent of having the kids not have to deal with a court has been defeated due to the kids not being able to agree on anything concerning the house.”

A few years ago, Jay joined John Urban in practice in Strongsville, while John transitioned into retirement. As that transition has been completed, Jay has become a partner with Weston Hurd LLP. He now sees clients at the firm’s office in downtown Cleveland, in addition to continuing to meet with clients at his Strongsville office upon request.

Jay offers Mimi readers a free legal services consultation in person or on the phone. Mention this story when you schedule an appointment. House calls and select evening appointments available.

To reach Jay Nabors of Weston Hurd, LLP, call him directly at 216-687-3205. His office is located at 1301 E. 9th Street, Suite 1900 in downtown Cleveland. Jay can also meet clients at 11221 Pearl Road in Strongsville.