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Transfer on Death Deeds are used in Estate Planning to avoid probate and simplify the passing of real estate to your loved ones or Beneficiaries. It's also known as a ?Beneficiary Deed? because in essence, you're naming a Beneficiary who will receive the deed to your property after you pass away.
South Dakota Transfer on Death Deeds You must sign the deed and get your signature notarized, and then record (file) the deed with the county register of deeds office before your death. ... The beneficiary's rights. ... Earlier wills or TOD deeds. ... Your rights. ... Medicaid. ... Other creditor claims. ... Revoking the deed.
What Is the Difference Between TOD and Beneficiary? A transfer on death is an instrument that transfers ownership of specific accounts and assets to someone. A beneficiary is someone that is named to receive something of value.
The South Dakota Real Property Transfer on Death Act lets joint owners?which include joint tenants with right of survivorship, but not tenants in common?sign the same South Dakota TOD deed. If other joint owners are still living when an owner dies, the property passes to those owners under the right of survivorship.
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.