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3 things about a Transfer on Death deed for Real Property:

Posted by Ada Davis | Aug 21, 2020 | 0 Comments

 While some jurisdictions allow you to bypass probate and transfer your interest in real property to your heirs through a Transfer on Death deed, approximately half do not. So be sure to check your jurisdiction before executing one.

You should also consider the age of your heir because minors are not able to take title to real property. If you transfer your interest in property to your heir who is a minor, the court will have to appoint a custodian to oversee that property until your heir turns 18.

Additionally, restrictions and limitations may be imposed upon your heir. When property is transferred through a Transfer on Death deed, title companies may require that the recipient holds title for three years pass before they will allow that title to be sold to someone else.

About the Author

Ada Davis

Counselor. Teacher. Advocate. Attorney Ada A. Davis is a graduate of Georgetown University Law Center. For more than fifteen years she has practiced law in the New Jersey and New York areas, including working as an associate at two big law firms in New York, NY. For the past nine years she has m...


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