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Commonly Asked Questions about Beneficiary Deed for Husband and Wife

A will is more comprehensive than a TOD deed. It tells the authorities how to distribute your cash, investments and other types of belongings. This document can also provide instructions regarding the care of minors and pets. A transfer-on-death deed doesnt enable you to express all of your final wishes.
The key purpose of a beneficiary deed is to transfer real estate to your heir in the future, and not in the present moment. The secondary (and also key) purpose is to keep your property outside of probate. If you simply leave your property to your heir in a Will, then that property will be subject to probate.
Cons To Using Beneficiary Deed Estate taxes. Property transferred may be taxed. No asset protection. The beneficiary receives the property without protection from creditors, divorces, and lawsuits. Medicaid eligibility. No automatic transfer. Incapacity not addressed. Problems with beneficiaries.
Wills often have to go through probate court. Life insurance beneficiaries can receive the death benefit without probate. A will outlines your wishes for how you would like your assets to be distributed. Life insurance, on the other hand, only pays a death benefit to your beneficiaries.
A Transfer on Death Deed can be a great way to ensure your loved ones or Beneficiaries get the inheritance you intend. It streamlines the process, allowing for a simple transfer of property ownership without the headache, cost and time that probate requires.
An Arizona Beneficiary Deed is much simpler than creating and administering a trust. In addition, the owner retains complete control over the property with an Arizona Beneficiary Deed. No gift tax liability. Since an Arizona Beneficiary Deed does not transfer property as a gift, it is not subject to gift taxes.
Beneficiary Designation Takes Precedence Over A Will This means that if you get divorced and remarry, but do not update your beneficiaries, your former spouse is the legal heir to those accounts if you named him the beneficiary while you were married.
Although a transfer on death deed appears to have simplicity, there are many shortcomings. The first of which is that, if the named beneficiary dies before the property owner does, the deed becomes invalid. The property could then fall into probate upon the owners death.