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Indiana Transfer on Death Deed - TOD from Two Individuals / Husband and Wife, to an Individual

State:
Indiana
Control #:
IN-03-82
Format:
Word; 
Rich Text
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Description

Transfer on Death Deed from Two Individuals to an Individual. This Deed is used to transfer the title of a parcel of land, upon the death of the Owner(s) to the designated Beneficiary. The form does include provision for an contingent beneficiary in the event the designated beneficiary predeceases the owners. The designation of the beneficiaries in an Transfer on Death Deed may be revoked or changed at any time, without the consent of that designated transfer on death beneficiary, by the affiant/owner of the interest by executing and recording a transfer on death deed conveying the owner's entire, separate interest in the real property to one or more persons, including the owner, with or without the designation of another transfer on death beneficiary.

An Indiana Transfer on Death Deed — TOD from Two Individuals / Husband and Wife, to an Individual refers to the transfer of real estate from two people (a husband and wife) to a single individual. This type of deed is often used to transfer residential property from two people to a single person, such as a family member or friend. There are two types of Transfer on Death Deed — TOD from Two Individuals / Husband and Wife, to an Individual: a Survivorship Deed and a Survivorship Joint Tenancy Deed. With a Survivorship Deed, the ownership of the property is transferred to the recipient upon the death of both individuals. With a Survivorship Joint Tenancy Deed, the ownership of the property is transferred to the recipient upon the death of only one of the individuals. Both types of deeds require that the two individuals be joint tenants in the property, and that the transfer be made without consideration.

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  • Preview Transfer on Death Deed - TOD from Two Individuals / Husband and Wife, to an Individual
  • Preview Transfer on Death Deed - TOD from Two Individuals / Husband and Wife, to an Individual
  • Preview Transfer on Death Deed - TOD from Two Individuals / Husband and Wife, to an Individual
  • Preview Transfer on Death Deed - TOD from Two Individuals / Husband and Wife, to an Individual
  • Preview Transfer on Death Deed - TOD from Two Individuals / Husband and Wife, to an Individual

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FAQ

A TOD Beneficiary may be added to an Indiana Certificate of Title at the time of purchase (title transfer), or, if you already have title to the vehicle, you may apply for new title containing the TOD designation.

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.

TOD/POD disadvantages: these accounts pass directly to the beneficiary and do not go through probate, if the executor does not have enough probate assets to pay the debts of the estate, creditors are entitled to claim some non- probate assets, including TOD accounts.

An Indiana transfer on death deed is an estate planning tool that allows a property owner to designate who will receive their property in the event of their death. If properly executed, the deed will allow the beneficiary of the property to avoid a potentially long and arduous probate process.

In Indiana, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

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. You can make an Indiana transfer on death deed with WillMaker.

Signing (IC § 32-21-2-3) ? All deed must be executed by one of the following: judge, clerk of a court of record, county auditor, county recorder, notary public, mayor of a city in Indiana or any other state, commissioner appointed in a state other than Indiana by the governor of Indiana, clerk of the city county

Probate Avoidance ? A TOD deed allows the property to pass to the beneficiaries named in the deed without going through Indiana probate. Indiana law has a $50,000 limit on nonprobate transfers using the small estate procedure. The TOD deed can be used even if the value exceeds $50,000.

More info

For real estate, one way is with a transfer on death deed (TOD deed). Here's good news: Most states now offer transfer-on-death deeds (TOD deeds), an easy and effective alternative for transferring real estate upon your death.Transfer-on-death deeds offer the easiest way to avoid probate for real estate. A transfer on death deed (TOD) lets a property owner pass land or real estate to a designated beneficiary outside of the probate process. The joint tenancy deed makes your intended beneficiaries full legal owners immediately. You can revoke the revocable transfer on death deed at any time. The best way to change Transfer on Death Deed or TOD - Beneficiary Deed for Husband and Wife to Two Individuals with Successor Beneficiaries. A Transfer on Death Deed (TODD) is a nonprobate mechanism to transfer real property which takes effect upon the death of the transferor. This is usually how married people own property. (California Probate Code Section 5642).

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Indiana Transfer on Death Deed - TOD from Two Individuals / Husband and Wife, to an Individual