Transfer on Death Deed Archives

May 12, 2020May 14, 2020

Update: The State of the Transfer on Death Deed

Image of a very clean front porch on a house.

Ever thought about placing some of your key assets in instruments that bypass the probate process? In a number of states, homeowners have the option of placing their real estate in a transfer on death deed. Think of a retirement account that’s transferred to its designated beneficiary on death. In the same way, with a transfer on death deed for real estate, a home can pass to a designated person, people, or a charity automatically upon the current owner’s death.

February 19, 2019February 12, 2020

Adding Someone to Your Real Estate Deed? Know the Risks.

Image of a house. Captioned: Adding Someone to Your Deed? Know the Risks

It’s your home. You might wish to adding another person—perhaps an intimate friend or a family member. Doing this is a relatively simple action. And you have the right to do it.

Still, be sure to consider the unintended consequences. However well-intended your desire to bring a loved one onto your real estate deed, the conveyance is fraught with risks and potential frustrations. Be aware that:

A deed that conveys an interest in your real estate ownership (“adds someone on”) has the legal effect of giving that additional person the same bundle of rights to which you are entitled.
Once the conveyance happens, it cannot be undone except with that other additional owner’s consent.

Consider the following aspects carefully.

December 1, 2015October 29, 2018

Transfer on Death Deeds for California Real Estate

As of January 1, 2016, owners of residential real property in California have access to a new estate planning tool: the Simple Revocable Transfer on Death Deed (TODD). Find the law in the California Probate Code, starting at section 5600.

September 1, 2015October 29, 2018

Texas Adds Statutory Transfer on Death Deeds to Estate Planning Arsenal

As of September 1, 2015, owners of real property in Texas gained access to the statutory transfer on death deed (TODD). Modeled after the Uniform Real Property Transfer on Death Act and located at Chapter 14 of the Texas Estates Code, the Texas Real Property Transfer on Death Act governs the use of transfer on death deeds in the State of Texas.

August 21, 2015October 29, 2018

Understanding Transfer on Death Deeds

Real estate is often one of the most significant assets to consider in a comprehensive estate plan. There are several ways to distribute the property after the owner’s death. Some of the more common options are wills, trusts, joint ownership, or transfer on death (TOD) deeds. Note: unless identified otherwise, all definitions originated with Black’s Law Dictionary, Eighth Edition.

December 23, 2014November 3, 2018

Revoking a Transfer on Death Designation Affidavit in Ohio

Ohio Revised Code 5302.23(B)(5) contains the rules for revoking a recorded transfer on death designation affidavit. In short, it states that the owner of real estate previously identified as a transfer on death interest may revoke or change a beneficiary designation at any time before the owner’s death, without the consent of that transfer on death beneficiary. Simply execute and record a new transfer on death designation affidavit, including all information from the prior form, but stating the revocation or change where appropriate.

October 13, 2014November 3, 2018

Nebraska Statutory Transfer on Death Deed Options

The Nebraska Uniform Real Property Transfer on Death Act is found at Sections 76-3401 to 76-3423 of the Nebraska Revised Statutes. This useful law provides an option for land owners to convey their real estate after their death, but without the need to include it in a will.

A transfer on death deed (TODD), when lawfully executed, allows property owners to retain absolute title to and control over their land during their lives ( 76-3414). The deeds are also revocable (76-3413). In part, these features are possible because unlike traditional deeds (warranty deeds, quitclaim deeds, etc.), TODDs do not require consideration from or notice to the beneficiary ( 76-3411).

September 19, 2014October 29, 2018

Dower, Joint Tenancy, and Ohio’s Transfer on Death Instruments

Transfer on death deeds (“TODs”) are used to convey property rights to one or more beneficiaries after the owner dies. Unlike most other assets in an estate, property conveyed in a transfer upon death is not subject to probate distribution. In addition, as nontestamentary instruments, these conveyances are not affected by provisions of the deceased owner’s will. Ohio’s transfer on death instruments are governed by R.C. 5302.22, and were originally introduced as transfer on death deeds in 2002. Revised to the current format of transfer on death designation affidavits in 2009, these documents, when lawfully executed and recorded, provide a flexible and convenient estate planning tool for owners of Ohio real property.

July 23, 2014November 3, 2018

Frequently Asked Questions about the Alaska Transfer on Death Deed

Real property owners in Alaska have a new estate planning option: the transfer on death deed (TODD).

Alaska joins with an increasing number of states using this law to help real estate owners manage the distribution of what is often their most significant asset — their real estate — by executing and recording a transfer on death deed.

July 17, 2014October 29, 2018

What is the Difference Between an Ohio Survivorship Deed and a Transfer on Death Designation Affidavit?

A survivorship deed conveys title rights to property upon execution and recording. As such, it is appropriate for a situation where the owners are married or are otherwise willing to be connected by concurrent (joint) ownership. If one of the co-owners dies, his or her share of the real property passes immediately to the surviving owners, but the transfer must be formalized by submitting an affidavit as described in O. R. C.5302.17.