News & Analysis as of

Estate Planning Transfer on Death Deed (TOD)

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Haynsworth Sinkler Boyd, P.A.

New law provides for the ability to place a “Transfer on Death” designation on titled personal property

In South Carolina, there's a new law that lets you add a "Transfer on Death" (TOD) designation to the title of personal property like cars, boats, or mobile homes. This means you can name someone to automatically receive the...more

Warner Norcross + Judd

Do the Young Adults in Your Family Have Estate Planning Documents?

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This week is National Estate Planning Awareness Week, which is designated by Congress to educate people about the importance of estate planning. Additionally, it serves as a nice annual reminder to review your estate planning...more

Farrell Fritz, P.C.

Transfer on Death Deeds Adopted by New York

Farrell Fritz, P.C. on

Avoiding probate is often an important goal for many estate planning clients.  Probate is the court-supervised process of administering a deceased person’s estate and transferring their property at death pursuant to the terms...more

Harris Beach PLLC

New York’s Transfer-on-Death Deeds May Not Be Your Answer

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New York’s Transfer-on-Death Deed Law is set to take effect on July 19, 2024. The new law allows New York residents to designate a beneficiary to automatically inherit their real property upon their death, similar to...more

Winthrop & Weinstine, P.A.

Estate Planning and Transfer on Death Deeds: New Insurance Warnings beginning August 1

A new Minnesota law comes into effect on August 1, 2024, which flags the importance of addressing insurance coverage within your estate plan, especially if your plan utilizes transfer on death deeds. A transfer on death deed...more

Husch Blackwell LLP

Guide to Reviewing Your Estate Plan

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Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,...more

Dunlap Bennett & Ludwig PLLC

What Are The Benefits Of Transfer On Death Deeds In Washington?

Traditionally, real estate must pass through a deed signed by all grantees of the last vesting deed, or if one of the grantees has passed away, then a probate proceeding allows a court to transfer title for the deceased...more

Lippes Mathias LLP

Avoiding Probate in New York: Benefits of Planning Ahead

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What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more

Blank Rome LLP

Transfer on Death Beneficiary Designations for Financial and Real Property Assets

Blank Rome LLP on

Transfer on Death (“TOD”), also known as Payable on Death (“POD”), account registrations are a popular way to avoid the requirement to pass assets through probate upon death and operate as an alternative to retitling assets...more

Chambliss, Bahner & Stophel, P.C.

Estate and Succession Planning Considerations for Business Owners

Estate planning is important for everyone but is especially vital for the future success of small businesses. Proactively planning for the death or retirement of business owners removes uncertainty surrounding ownership...more

Goodwin

Transfer-on-Death Designations: A Word of Warning

Goodwin on

Although transfer-on-death (TOD) and payable-on-death (POD) designations on financial accounts can be an effective tool to avoid the probate process, these account designations have the potential to derail a customer’s estate...more

Goodwin

Transfer-on-Death Designations: Potential Pitfalls

Goodwin on

When used in consultation with an estate planning attorney, transfer-on-death (TOD) or payable-on-death (POD) designations on financial accounts can be valuable estate planning tools. However, these account designations have...more

Stange Law Firm, PC

Have You Changed Your Beneficiary Designations After Divorce?

Stange Law Firm, PC on

After a party completes their divorce, there are often many things that they need to do to finalize matters. However, one item that many overlook is changing their beneficiary designations after divorce to remove their...more

Pullman & Comley, LLC

Beneficiary Designated Property: A Trap for the Unwary

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Financial institutions and brokerage firms occasionally recommend that client accounts be structured as joint or beneficiary-designated accounts without full consideration of the impact on the client’s estate plan....more

Downey Brand LLP

Will California SB 315 Improve Revocable Transfer on Death Deeds?

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The thrifty do-it-yourselfers among us might jump at the opportunity to transfer their family home to their kids while avoiding probate and the expense of creating a trust. Revocable Transfer on Death Deeds, or RTODDs, have...more

Tarter Krinsky & Drogin LLP

Naming Beneficiaries On Financial Accounts: Advantages And Disadvantages

More and more, people are being advised to add “transfer on death” designations to their non-IRA brokerage assets. This increasingly popular tool has both benefits as well as detractions and is best used only in certain...more

Perkins Coie

Dying and Private Keys

Perkins Coie on

Cryptocurrency owners must face death—be it their own, or that of anyone else with custody of the owner’s cryptocurrency or other digital assets. We received a stark reminder of this when the Canadian exchange QuadrigaCX...more

Bowditch & Dewey

Estate Planning for a Non-U.S. Citizen Spouse

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There are special estate tax planning considerations when a non-U.S. citizen spouse is part of the picture. To be clear, a non-U.S. citizen spouse may be living in the U.S. and even hold a green card, but he or she does not...more

McNees Wallace & Nurick LLC

Estate Planning For Real Property

Often the most difficult asset for which to plan in an estate plan is non-commercial real property such as a family farm, a hunting cabin or other recreational property. This is especially true when the property makes up a...more

Bryan Cave Leighton Paisner

California’s New Transfer On Death Deed

As of January 1, 2016, California allows the use of a “transfer on death” deed for real property. A TOD deed essentially allows a person to execute and record a revocable deed, which grants real property to a beneficiary...more

Farella Braun + Martel LLP

California’s New Transfer on Death Deed

As of January 1, 2016, California law allows the use of transfer on death (TOD) deeds for real property. A TOD deed is a revocable beneficiary deed, involving the transfer of an individual’s residence (limited to multi-unit...more

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