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A beneficiary who receives real estate through a transfer on death deed becomes personally liable for the debts of the dead property owner without proper counsel from an estate planning professional or a title company. The beneficiary becomes liable to potential financial obligations as a result.
TOD Accounts Supersede a Will A TOD account skips the probate process and takes precedence over a will. If you will all of your money and property to your children, but have a TOD account naming your brother the beneficiary, he will receive what's in the account and your children will get everything else.
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 Will provides instructions for all of the assets included in your estate, whereas a beneficiary designation is for a specific asset.
A will is more comprehensive than a TOD deed. It tells the authorities how to distribute your cash, investments and other types of belongings. This document can also provide instructions regarding the care of minors and pets. A transfer-on-death deed doesn't enable you to express all of your final wishes.