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If youre thinking about ways to keep your home out of probate, and TOD deeds are an available option in your state, they are well worth considering. Unless you have a complex situation or have specific concerns, you likely wont need a lawyer to create a TOD deed.
Disadvantages of transfer on death deeds Creditors may come after the new owner(s) of the property. Beneficiaries may get equal shares of the asset. Not available in many states. Unintentional disinheritance. Raises the risk that estate planning documents dont match.
Which states allow transfer on death deeds? Alaska. Arizona. Arkansas. California. Colorado. District of Columbia. Hawaii. Illinois.
Since a transfer on death account is not a trust, it is part of the decedents estate. It does not avoid or minimize estate taxes.
Designated beneficiaries receive the funds without having to wait for probate to conclude, which can take months. A POD or TOD account allows loved ones to get money almost immediately. Typically, all they need to provide is the death certificate and identification to the account-holding institution.
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The law in New Mexico allows an owner of real property (land or house) to transfer that property to another person (grantee beneficiary) through the use of a Transfer on Death Deed (TODD).
When there is no will, New Mexico distributes a decedents property based on heirship: Surviving spouse and children In this situation, the spouse receives all communal property and a quarter of the decedents separate property. The remaining separate property is split among surviving children.

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