Transfer-on-Death-Deeds.com

 

This web site has been created to explain the Revocable Transfer-on-Death Deed, sometimes called the Revocable Beneficiary Deed.

 

Before 2007, nine states had passed new laws which allow the homeowner to avoid Probate, and avoid the expenses of a Trust,  providing the homeowners with a method of leaving real estate to their heirs by use of an inexpensive Revocable Transfer-on-Death Beneficiary Deed.

 

The nine states were: Arizona, Arkansas, Colorado, Kansas, Missouri, Nevada, New Mexico, Ohio, and Wisconsin. Since 2007, Minnesota, Montana, and Oklahoma have also passed such laws, bringing the current total to twelve. More states will pass such laws in the future.

 

When the homeowner dies, title to the real estate passes to the beneficiary or beneficiaries, named in the Transfer-on-Death Deed, similar to how title passes in a Joint Tenancy Deed. No Probate is needed. This Deed avoids Capital Gains Taxes to be paid by the Beneficiaries at time of sale.

 

This Revocable Transfer-on-Death Beneficiary Deed, can be revoked.  This avoids the problems that exist when the homeowner now adds her son, her grandson, or her daughter to her deed. The home ends up in her son’s divorce, her grandson’s bankruptcy, with liens from her daughter’s creditors.  When she asks them to give her home back to her, they frequently refuse.  At her death, unnecessary Capital Gains Taxes are paid upon the sale of the home.  Although the Beneficiaries are named in a Revocable Transfer-on-Death Beneficiary Deed, they have no ownership rights to the home until after the death of the homeowner.

 

The real estate can be refused by the Beneficiary through a Disclaimer of Interest form.  The rights of creditors, as well as the debtors, are protected by this Deed.

 

This transfer of real estate is similar to Transfer-on-Death (TOD) statutes previously enacted by state legislatures relating to other types of assets (i.e. Security Accounts, Bank Accounts, Cars, Boats, Mobile Homes, Retirement Accounts).

 

Real Estate is the only major asset that cannot be transferred through a Transfer-on-Death title.

 

Californians need a Revocable Transfer-on-Death Beneficiary Deed!