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Judge embarks on campaign to help property owners avoid costly probate procedures
SHERRY KARABIN
Legal News Reporter
Published: May 18, 2012
About a year ago, a Kenmore widow who needed help with her estate approached Summit County Probate Judge Todd McKenney.
At the time, McKenney was not on the bench and had a trust and probate practice at McKenney & Gingrich.
“Her estate was not that extensive, and she was living on social security,” said McKenney.
However, he said, the house was not in her name, even though the woman and her husband had lived there for 50 years. “Because there was no survivorship deed, she had to spend a lot of money in legal fees to have it transferred over.”
The situation did put an additional financial strain on the widow, but it was also the impetus for a pilot program designed by McKenney that he began working on once he became a judge.
“I wanted to make sure that others did not find themselves in a similar situation,” said McKenney.
So last December, McKenney and a group of volunteers, including members of the Akron Bar Association, began looking up the deeds of those living in Reminderville, the place where he chose to start the project.
“We set out to identify those people who did not have ‘a Joint and Survivorship Deed’ or a ‘Transfer on Death Affidavit.’
“If property is owned by an individual without a ‘Transfer on Death Deed or Affidavit,’ and that person dies, that property is headed to probate court. If a couple owns their home together, but they do not have a Joint and Survivorship Deed, which includes the words ‘remainder to the survivor of them,’ or something similar, they too may be headed to probate court.”
McKenny said single or windowed people could have a ‘Transfer on Death Affidavit,’ naming their children to receive the house.
While the fees for these deeds are minimal, if they do not exist, he said those left behind often have to pay out $2,000 to $3,000 in costs for attorneys and other expenses.
In the case of Reminderville, the judge sent letters to about 800 people explaining the importance of these deeds, and inviting them to a community meeting in February, in which he would answer all their questions.
McKenney said it was a huge success, and since then he has held others in New Franklin and Fairlawn.
Debra Swope, 59, turned out at the New Franklin meeting at the Grace Bible Church in March after receiving McKenney’s letter.
Swope and her husband, David, bought their New Franklin home in 1975, but did not have a Joint and Survivorship Deed.
“We thought it would cost a lot of money to change it, but the judge explained that we could make the change for very little,” said Swope.
“It was a golden opportunity. We had updated our wills, and this was the last thing we needed to do.”
Swope said she and her husband have since made the change, as did her friend, who attended the meeting with her.
“It feels great to have all our ‘t's’ crossed and ‘i's’ dotted. I hope everyone takes this opportunity,” Swope said. “I’ve been talking to anyone I know who has had their house for a long time about doing it.”
Summit County Fiscal Officer Kristen Scalise said her office has seen a 29 percent increase in the number of residents making the change this year.
“It’s a simple process,” said Scalise. “All they need to do is fill out a form and send it in. It costs $28, and it can save a lot of grief later on. Going through the probate process can costs thousands of dollars,” she said.
“It is a very positive program. I think anytime we can educate the public, it is a good thing. It is a very forward-thinking idea on the part of the judge,” Scalise said.
The next meetings take place at 7 p.m. on May 22 and 23 at the Tallmadge Community Center at 80 Community Rd. in Tallmadge, and there will be another one in Copley on May 31 at the Copley Community Center at 1278 Sunset Drive at 6 p.m.
“Several more Summit County communities have signed up to have their residents’ deeds reviewed,” said McKenney, who is also meeting with officials in other Ohio counties to show them how the program is working in Summit County.
“This summer, several student interns from The University of Akron School of Law will join the many volunteers already looking up deeds.
“Once we complete the meetings, we will evaluate the overall success of the program,” McKenney said.