State Bar Form 9-2009 In Middlesex
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If you're thinking about ways to keep your home out of probate, and TOD deeds are an available option in your state, they are well worth considering. Unless you have a complex situation or have specific concerns, you likely won't need a lawyer to create a TOD deed.
Disadvantages of a TOD Arrangement: Some of the disadvantages of a TOD arrangement include the following: Piecemeal Planning: TOD designations are piecemeal, meaning that they are effectively asset-by-asset planning. A separate TOD designation will be required for each asset.
To be effective, the Transfer-on-Death (“TOD”) Deed must be signed by the transferor in the presence of two witnesses and a Notary Public, include language that the transfer of the property to the designated beneficiary will occur only upon the death of the transferor, and must be filed with the Clerk of the County ...
Unless you have a complex situation or have specific concerns, you likely won't need a lawyer to create a TOD deed. But you will need to make sure that the TOD deed you make is valid in your state, since each state's rules are a little different.
