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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.
Fiduciary deeds are just one of several types of deeds used in property transfers. This type is used to transfer property such as real estate when the owner can't sign a deed for legal or other reasons. Fiduciary deeds are commonly employed when settling estates and the original owner of the property is deceased.
A person or entity may transfer ownership of a property in New Hampshire through an executed deed. The deed must be signed in front of a notary, commissioner, or justice to be valid and must be recorded in the register's office. The deed will not be valid for a sale or transfer if not recorded.
Unlike other states, New Hampshire does not allow real estate to be transferred via a TOD deed. However, real estate can be transferred upon death using other mechanisms such as a will, a living trust or joint ownership with rights of survivorship.
The only way to change, add or remove a name on a deed is to have a new deed drawn up. Once a document is recorded, it can not be changed. To show any change in ownership of property, you need to have a new deed drawn up.