| Read Time: 3 minutes | Probate

When someone passes away, transferring ownership of their property can be a daunting task. Understanding the transfer on death deed process and how an experienced attorney can assist you through each step is crucial.  If you need guidance on transferring a deed in New York after a loved one’s death, the Law Office of Andrew M. Lamkin, P.C. is here to help.

What Is Transfer On Death Deed?

A transfer on death deed or “TODD” is a legal document allowing property owners to transfer their real estate to a beneficiary upon their death without probate. This deed can simplify the transfer process and help avoid the lengthy and costly probate process.

One of the main benefits of a TODD is that it allows property transfer without going through probate, saving time and money. Additionally, the property owner retains control over the property during their lifetime, including the right to sell or mortgage it. This provides significant flexibility, as the property owner can revoke or change the deed anytime.

Another important benefit of a TODD is the ease it brings to estate planning. By explicitly naming a beneficiary, the property owner ensures that their wishes are clearly stated and legally recognized, which can help prevent family disputes and confusion after their death. Furthermore, a TODD can simplify the inheritance process for your loved ones, sparing them the emotional and financial strain often associated with probate proceedings.

Using a TODD also means that the transfer of property is more private. Unlike probate, which is a public process, a TODD keeps the details of the property transfer confidential, adding peace of mind for property owners who value their privacy. Overall, the TODD is a practical, flexible, and efficient tool for managing real estate transfers upon death, ensuring your property is handled according to your wishes while providing ease and clarity for your beneficiaries.

Where Do I Get a Transfer on the Death Deed?

The first step of the process entails preparing the deed. The deed must include specific information about the property and the beneficiary. Next, the property owner must sign the deed in the presence of a notary public. Finally, the signed deed must be recorded with the county clerk’s office where the property is located. Ensuring that the deed is correctly prepared and recorded is crucial to avoid any issues with the transfer. An attorney can provide the necessary guidance to ensure everything is in order.

How to Get a Transfer on Death Deed

Getting a TODD involves several of the following steps:

  • Consult an attorney. While it is possible to prepare a TODD independently, consulting an attorney is highly recommended. An attorney can ensure the deed is drafted correctly and meets all legal requirements, reducing the risk of future disputes.
  • Gather the required information. You will need to provide specific details about the property, including its legal description, the names and addresses of the beneficiaries, and any conditions or limitations on the transfer.
  • Draft the deed. The deed must clearly state that it is a transfer on death deed and include all necessary information. An attorney can help draft the deed to ensure it complies with New York state laws.
  • Sign and notarize the deed. Once the deed is drafted, the property owner must sign it before a notary public. This step is essential for the deed to be legally binding.
  • Record the deed. The final step is to record the deed with the county clerk’s office. This ensures the deed is on public record and will be recognized upon the property owner’s death.

Creating a transfer on a death deed in New York can be challenging. The Law Office of Andrew M. Lamkin, P.C., offers comprehensive legal assistance to help you through every step. By working with an attorney, you can have peace of mind knowing that your TODD is correctly prepared and will be honored upon your death. This can help prevent potential legal disputes and ensure a smooth transfer of your property.

Learn More About TODDs by Speaking with an Experienced NY Estate Planning Attorney

If you want to learn more about TODDs, contact the Law Office of Andrew M. Lamkin P.C. to schedule a free, no-obligation consultation. At our New York estate planning law firm, we take pride in providing practical and efficient legal services designed to solve your most pressing needs. We see our role as helping resolve your issues so you can focus on what’s important while knowing that your affairs are in order. To learn more, call the Law Office of Andrew M. Lamkin P.C. or connect with us through our secure online contact form

Author Photo

Andrew Lamkin is principal in the law firm of Andrew M. Lamkin, P.C., where he focuses his practice in the areas of elder law, estate planning and special needs planning, including Wills and Trusts, Medicaid planning, estate administration and residential real estate transactions. He is admitted to practice law in New York and New Jersey.

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