Maine Transfer on Death Deed Revocation

Maine Transfer on Death Deed Revocation Image
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Use this form to revoke a previously recorded Transfer on Death Deed.

Transfer on death deeds allow individual landowners to transfer their real estate when they die, but outside of a will and without the need for probate. The transferor simply executes a TODD form, then records it during the course of his/her natural life. Unlike grant deeds or quitclaim deeds, however, there is no change in ownership when a transfer on death deed is recorded . In Maine (a Transfer on Death Deed is revocable even if the deed or another instrument contains a contrary provision.) (6-406)

There are basically 3 ways to revoke a Transfer on Death Deed in the State of Maine
6-411. Revocation by instrument authorized; revocation by act not permitted
1. Revocation by instrument. Subject to subsection 2, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
A. Is one of the following:
(1) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(2) An instrument of revocation that expressly revokes the deed or part of the deed; or
(3) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and
B. Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the registry of deeds in the county where the deed is recorded.
2. More than one transferor. If a transfer on death deed is made by more than one transferor:
A. Revocation by a transferor does not affect the deed as to the interest of another transferor; and
B. A deed of joint owners is revoked only if it is revoked by all of the living joint owners.
3. Revocation after recorded. After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
4. Inter vivos transfer. As described in section 6-412, this section does not limit the effect of an inter vivos transfer of the property.

(Maine TOD Revocation Package includes form, guidelines, and completed example)

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