Transfer on Death Deeds
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Contents
Overview
TOD deed statutes typically take the format of either a deed: “A to A, transfer on death to ________.” or an affidavit declaring a beneficiary to take title on the death of the affiant. These statutes provide that the beneficiaries have no present interest in the real estate until A dies and that A can revoke the designation though most are silent as to how that is accomplished.
TOD deeds don’t become gifts until death as the beneficiary has no present interest in the property by statute.
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