If you're transferring the deed to another, your need for an attorney is less than if ownership is being transferred to you. There are times when you should carefully scrutinize expenses and situations where scrimping on them makes little sense. I would have an attorney prepare a deed. You can do whatever you want to.
You can obtain one from an online search for “Beneficiary Deed” or “Transfer on Death Deed” or often from the same Recorder's Office that holds copies of the deeds. Ensure that you find one for the state where the property is located.
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.
If you are asking how much it costs to have a deed drafted to transfer ownership from one person to another, then typically an attorney will charge $250-300 or so to draft up a new deed. Then there are recording fees for the deed that are normally less than $50. And any transfer taxes are typically .
A beneficiary designation or joint title can override your will. Inattention to beneficiary designations and jointly titled assets can quickly unravel your estate plan. Suppose, for example, that your will provides for all of your property to be divided equally among your three children.
A primary beneficiary is the person (or people or organizations) you name to receive your stuff when you die. A contingent beneficiary is second in line to receive your assets in case the primary beneficiary passes away. And a residuary beneficiary gets any property that isn't specifically left to another beneficiary.
A properly recorded deed can take anywhere from 14 days to 90 days.
A deed, on the other hand, transfers the title from the grantor to the grantee. So when you purchase a home, you'll own both the title and the deed.
And if someone wants to put you on their deed, they must tell you — not surprise you. Otherwise, you could lose the property over a court challenge that you never acknowledged receipt of the deed during the transferor's life.
TOD deeds allow you to name beneficiaries who will receive the property when you die, without the need for probate. With the TOD deed, you remain the owner of your property. Your heirs do not own any portion of the property during your life, avoiding the problems discussed above.
Unlike an estate tax, beneficiaries pay the inheritance tax. It is usually due shortly after the beneficiary receives funds. Fortunately, only a handful of states still collect an inheritance tax. Those states with a tax have a relatively high exclusion amount before taxes are due.
Deed of Release or Deed of Amendment
A Deed of Release also demonstrates the intention of a relinquishing beneficiary to be irrevocably removed as a beneficiary of a trust. The irrevocability of the Deed of Release is intended to ensure the removal is permanent.
Once the court receives the petition, it will set a date for the initial probate proceeding, which is where an executor or administrator of the estate will be appointed to oversee the probate process and make distributions of estate assets to beneficiaries or heirs upon its completion.
A lot of people name a close relative—like a spouse, brother or sister, or child—as a beneficiary. You can also choose a more distant relative or a friend. If you want to designate a friend as your beneficiary, be sure to check with your insurance company or directly with your state.
So the answer is no, unless the beneficiary is changed, that is who will receive the money upon the account owner's death, regardless of a divorce.
The main way that the two differ is in how flexible and thorough they are. TOD accounts are faster and more convenient, but a revocable trust offers a stronger plan for you and your beneficiaries that covers the myriad elements of passing away.
In community property states, such as California or Texas, an heir could have a partial claim to a jointly-owned property. For example, if an unmarried couple owned a home together and one owner died, their portion of ownership could be inherited by their next of kin.
However, if you have been named a beneficiary and your siblings have not, you will not be legally required to designate any portion of the life insurance payout to them.
It usually takes four to six weeks to complete the legal processes involved in the transfer of title.
If you'd like a recorded copy of your deed, you can either contact the title/settlement company that handled your closing, or call the courthouse directly. Your title company will either mail or email you a copy for no charge, or you can receive a certified copy from your county recorder of deeds for $5 or $10.
Potential Problems with Transfer on Death Deeds: Issues can include unintentional disinheritance, conflicts with joint tenants, and invalidation due to legal description errors.