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Transfer-on-death (TOD) refers to named beneficiaries that receive assets at the death of the property owner without the need for probate, facilitating the executors disposition of the property owners assets after their death. This is often accomplished through a transfer-on-death deed.
A TOD account allows the account holder to name a beneficiary on a non-retirement financial account to receive assets at the time of the account holders death, thereby (generally i.e., when used correctly) avoiding probate.
Because TOD accounts are still part of the decedents estate (although not the probate estate that the will establishes), they may be subject to income, estate, and/or inheritance tax. TOD accounts are also not out of docHub for the decedents creditors or other relatives.
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.
Arizona real estate is transferred using a legal document called a deed.The process involves four general steps: Locate the Prior Deed to the Property. Get a New Deed to the Property. Sign and docHub the New Deed. Record the New Deed in the Land Records.
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TOD/POD disadvantages: these accounts pass directly to the beneficiary and do not go through probate, if the executor does not have enough probate assets to pay the debts of the estate, creditors are entitled to claim some non- probate assets, including TOD accounts.
Requirements for Arizona Beneficiary Deed Forms The deed must be recorded in the office of the county recorder of the county where the property is located before the death of the owner (or, with multiple owners, before the death of the last surviving owner).
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.
An estate attorney may prepare a Beneficiary Deed for approximately $250 to $750. There will also be a nominal recording fee in the county where the property is located. Thomas J. Bouman provides legal counsel in the areas of estate planning, estate settlement, and asset protection.
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.

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