By naming one or more new owners and going into effect automatically upon death, a Transfer on Death Deed can help simplify end-of-life planning and make sure your wishes are carried out.
It's important to know that a Transfer on Death Deed trumps anything else you have in place—like a trust, will, or any other legal document. This form can be an excellent tool to ensure that your property goes to the right person or people. But you have to keep it updated. Make sure you keep it with the rest of your estate plan and update it accordingly.
Think it's right for you? I'm going to need you again to change Titles for my other Investment Properties. Use of Deeds. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Box , Fairlawn, OH My Account.
Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day! I found the site easy to navigate Reply from Staff: We appreciate your business and value your feedback. Ronald W. Back to Texas. Site Information. Contact Us. Terms of Use. About Us. Yes, a transferor can cancel or file a new TOD whenever they see fit without giving notice to beneficiaries. For cancellation, the property owner needs to fill out a revocation form, which is often available on the web pages of local authorities, for example, in the District of Columbia.
The statement of revocation must be signed by the grantor and notarized before handing it over to a recorder of deeds. Filing a new TOD will also do the job, as the deed with the latest date is considered valid. No, although both of the instruments work to evade probate. Home Deed Forms Transfer-on-death Deed.
Transfer-on-death Deed. Create My Document. Build Your Document Answer a few simple questions to make your document in minutes. Save and Print Save progress and finish on any device, download and print anytime.
Sign and Use Your valid, lawyer-approved document is ready. Texas transfer-on-death deeds are different. Instead of being named after a warranty of title, a Texas transfer-on-death deed is named after its estate planning feature the at-death transfer. As a matter of law, a Texas transfer-on-death deed transfers real estate with no warranty of title. The form of the deed cannot change this result. If the deed is altered to include a provision that grants a warranty of title, the provision is invalid.
A transfer-on-death deed transfers the property without warranty, even if the deed itself contains a contrary provision. A transfer-on-death deed is revocable, even if it contains a contrary provision. This feature distinguishes Texas transfer-on-death deeds from traditional life estate deeds , which cannot be changed without consent of the beneficiary. Texas transfer-on-death deeds can be unilaterally revoked by the owner without involving the remainder beneficiaries.
If the owner transfers the property to someone else after creating a transfer-on-death deed, the transfer-on-death deed is disregarded. This allows the owner to transfer real estate without formally revoking the transfer-on-death deed. A transfer-on-death deed may leave property to multiple beneficiaries, as long as each beneficiary inherits an equal interest in the property.
For example, the owner could name a spouse as a primary beneficiary and children as alternate beneficiaries. If the spouse outlives the owner, he or she would own the entire property. But if the spouse predeceases the owner, the children would own the property in equal shares as tenants in common.
The designation of beneficiaries as either primary or alternate beneficiaries applies as a class. There is one class of primary beneficiaries and one class of alternate beneficiaries. If there is no surviving primary beneficiary, all of the alternate beneficiaries inherit as a group. For example, if the deed named four alternate beneficiaries and no primary beneficiary survives, each named alternate beneficiary would inherit a 25 percent interest in the property.
Texas property owners often own property jointly with other owners with a right of survivorship. A right of survivorship allows the property to pass automatically to the surviving owner upon the death of the first owner to die.
This raises questions about how a TOD deed works when property is held by multiple owners with right of survivorship.
Texas law allows multiple owners to name someone else to receive the property after both of them die. For example, a husband and wife may own property jointly with right of survivorship during life and create a TOD deed that transfers the property to named beneficiaries on the death of the last of them to die.
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