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Commonly Asked Questions about Transfer on Death Forms

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.
You can also get it from the County Auditors office. The County Recorders reference number, or volume and deed book number, stamped on your deed. If possible, have a lawyer review the form. Its important to complete the form properly to make sure that your property transfers the way you want it to.
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.
A TOD doesnt provide creditor protection for the beneficiaries the way a formal trust does, and most financial institutions dont allow TODs to name formal trusts as their beneficiaries. The institutions allow only individuals as beneficiaries of TODs.
Which states allow transfer on death deeds? Alaska. Arizona. Arkansas. California. Colorado. District of Columbia. Hawaii. Illinois.
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.
Alternatives to TOD Deeds or Enhanced Life Estate Deeds Trust Planning techniques, including revocable living trusts and the Living Trust Plus irrevocable Medicaid asset protection trust, afford much greater protection for you and your family when titling your property.