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When the first spouse dies, the surviving spouse will automatically own the whole property. If you made a beneficiary deed together, it will take effect only when the second spouse has died. If you made one alone, it will take effect at your death only if your spouse dies before you do.
In Arkansas, real estate can be transferred via a TOD deed, otherwise known as a beneficiary deed. This deed allows a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.
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.
Arkansas Beneficiary (Transfer-on-Death) Deed Code Ann. section 18-12-608.) You must sign the deed and get your signature notarized, and then record (file) the deed with the county recorder's office before your death. Otherwise, it won't be valid.
Another federal law addressed the issue by saying "successors in interest" get the same protection as the original borrower. A successor in interest may be a joint tenant or someone named a beneficiary. The best mortgage lenders make it easy to find out everything they need to know to keep the mortgage up to date.