Transfer on death deed? Watch out ...

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  • Опубліковано 19 жов 2024

КОМЕНТАРІ • 47

  • @tomcorejr7252
    @tomcorejr7252 2 роки тому +5

    My dad had this provision set up for the house to go into his trust. Very helpful!

  • @amadueskooler6559
    @amadueskooler6559 2 роки тому +11

    can you do this with a mortgage loan on it ?

  • @daphnekeaikitse7297
    @daphnekeaikitse7297 Рік тому +5

    How about this: my father was not married but he had only one daughter he passed on without will, he was buried by her daughter and cousin. Only to find out that after the funeral one of the relatives had the title deed in her name. The daughter after the wanted to check the bills if any outstanding to pay but only to find that the cousin took advantage when his father was sick to sign up as donation to her. Can the daughter claim back the house. She tried throught the lawyers but she failed. Wha advice can you give to her.

  • @marywilson6354
    @marywilson6354 2 роки тому +2

    My Aunt need s to do this I'm sending this to her my grandma is her mother and she trying to move her back into her old house , my grandma is 91 with Alzheimer they said she need to do this . Before anything happens to my grandma . My grandma said she wanted her to have the house anyway she it be a video recording of it . Until she can get paperwork together for this.

  • @atchutneelamuk2554
    @atchutneelamuk2554 Рік тому +2

    Thanks for sharing info

  • @thinkaboutit1439
    @thinkaboutit1439 Рік тому +6

    Very informative video - thank you!! Just a question - what happens on the TOD and the person getting the property decides to sell it. From a capital gains viewpoint, is the value 'reset' at death (Step-up cost basis) or is the value to the person on the TOD paying capital gains on the purchase price of the deed holder based on the original purchase value?

    • @dbdouglas
      @dbdouglas 3 місяці тому +1

      Great question @thinkaboutit1439. I'd like to know this information also! Not sure if they're going to answer it in here though! Hoping there IS the "step-up in basis" for the acquiring owners though!

  • @jimmoravec1326
    @jimmoravec1326 8 місяців тому +1

    Can you avoid probate if the trust assets and property is valued around 200k in Minnesota ?
    Thank you for your time

  • @DK-pr9ny
    @DK-pr9ny Рік тому +16

    They aren’t as bad as he’s making them out to be, and they are way less expensive than setting up a trust to avoid probate.

    • @MadOldMan-ck5wq
      @MadOldMan-ck5wq 6 місяців тому

      Inheritance thieves and DIY Deed Thieves use these to steal our houses and homes when we’re vulnerable. So we’re getting the forgery proof Fiduciary Security Lawyers, Allied Legal Paralegals, Citizens, Law, and 5 Notary Trust Guardians counterfeit free permission ledger crime interdiction administration.

    • @MadOldMan-ck5wq
      @MadOldMan-ck5wq 3 місяці тому

      That’s what you think a greedy trustee used it to steal our inheritance and cost 25% in litigation. So you want the NICER Forgery Proof Latin Law Model Interdiction Trust. With permission ledgers to arrest greedy trustees and inheritance thieves who steal our Legacies.

    • @MadOldMan-ck5wq
      @MadOldMan-ck5wq 3 місяці тому

      That’s what you think a greedy trustee used these to steal our legacy and cost 25% in Litigation, so get a forgery proof NICER Latin Law Model Interdiction Trust Prebate Nickel to avoid the Probate Dime and Litigation Quarter.

  • @alvinjackson9685
    @alvinjackson9685 7 місяців тому

    My mom currently owns a trailer home. She has my sister on the deed. She has now informed me that she wishes to remove her from the deed and place me as the beneficiary for the home. How is this done? We are in Florida.

  • @pinkfreud62
    @pinkfreud62 4 місяці тому

    I'm on the transfer as an only child and my mom is now in a nursing home. Can Medicaid take her home for recovery if it's suppose to be transferred to me upon her death? The transfer deed was done in 2013.

  • @angiliquedavison
    @angiliquedavison 2 місяці тому

    Single no kids, percentages to my beneficiaries listed on a "UPON DEATH" deed, after the house is sold and any expenses paid. Sister(51%) the rest to nieces and nephews. Is this a good legal Document? Along with a will. Do you need to hsve a will witnessed and certified to be legal. And is there an inexpensive way of doing that?

  • @MadOldMan-ck5wq
    @MadOldMan-ck5wq 3 місяці тому

    What happens when a greedy trustee forged if when your parents are too cheap to invest the NICER Prebate Nickel for the Latin Law Model Interdiction Trust administration? Does it cost the Probate Dime or Litigation Quarter?

  • @timgraber9544
    @timgraber9544 4 місяці тому +1

    My mom and step-dad did one for me. I had spent a lot of time with them, and after they gave me the house with a tod, I pretty much did all the work and paid most expenses... My mom dies and my step brother and his wife talk my step dad into revoking the tod and selling most of the property (2 out of 3 parcels). Then, the deed was placed back into his name only for the parcel with the house. spent all of that time, energy and money on their property and came up empty in the end. I should have leant the money and billed for my repair work in a recorded open lien. would have required my parents to sign promissory notes. That way at leas I got my money back with interest before it could be sold off.

  • @deborahsheldon9951
    @deborahsheldon9951 6 місяців тому

    Do you have any offices in Jacksonville, FL?

  • @magicmaxmagic
    @magicmaxmagic Рік тому +2

    Should it still be counted as an asset to the estate?

    • @WilliamMurphy-b6v
      @WilliamMurphy-b6v 15 днів тому

      Of course, but the federal estate tax exemption is so high, it won''t matter. What the individual States do, there is the"rub".

  • @mikehascats26
    @mikehascats26 2 роки тому

    in california, does a TOD trust cancel an existing irrevocable trust?

  • @kdub175
    @kdub175 6 місяців тому

    what if you have it as 66% for 1 person and 33% to another?
    Or 1/3 & 2/3?
    How does that work when they 2/3 owner plans on keeping it and currently lives in the property? Appraisal and pay 1/3 value to them? Any problems if they don’t want to sell their 1/3? Or would they have rights to move in? lol

    • @WilliamMurphy-b6v
      @WilliamMurphy-b6v 15 днів тому

      It would likely force a sale as uninforceable. Dumb move. Sell the property and split the proceeds as you wish.

  • @jamestaluzek5798
    @jamestaluzek5798 Рік тому +2

    Please do it right or it will cost you family a lot of money 💰 I just had to go through process probate for over a year and 1/2 to get it done With thousands in legal costs even though it was stated in the will as such

  • @davidleifert
    @davidleifert 3 місяці тому

    Can I as personal rep. can I change title to children in the will if i have power of attorney?

    • @WilliamMurphy-b6v
      @WilliamMurphy-b6v 15 днів тому

      If the wil or trust directs you to. You can't "just make up stuff as an executor.

  • @rogerg4916
    @rogerg4916 2 роки тому

    Can you specify in the deed that it is to be "per stirpes" ?

  • @gregoryselner7261
    @gregoryselner7261 2 роки тому +1

    Are you saying I would be better off having my house go thru probate then have a transfer upon death deed because I have 2 children?

    • @factchecker1980
      @factchecker1980 Рік тому

      In Nevada, a Transfer Upon Death avoids probate on that house and you can also do the same with your vehicle(s). Along with placing beneficiaries on all money accounts you can avoid probate (slow +"$$) as your remaing estate will therefore be of negligible value.

    • @JosephRostkowski
      @JosephRostkowski 10 місяців тому +1

      No give it to the kid that you trust to do the right thing ❤

    • @LoveyB90
      @LoveyB90 4 місяці тому

      Give it to both. They shouldn’t be trying to sell it.

    • @WilliamMurphy-b6v
      @WilliamMurphy-b6v 15 днів тому

      ​@LoveyB90 They should be able to do whatever they want to do once it is theirs. Are you trying to control them from the grave? Giving two, or more, people ownership in a piece of property is a recipe for future madness.

  • @joelew4974
    @joelew4974 Рік тому

    So assume the same pitfalls apply to beneficiaries on wills?

    • @WilliamMurphy-b6v
      @WilliamMurphy-b6v 15 днів тому

      Assume nothing. Get correct advice upon which you can rely.

  • @miabarry
    @miabarry 2 роки тому +1

    Why would the non-title holding spouse need to sign the deed if property non-homestead?
    You're giving loose legal advice here.

    • @yndiiatecow2536
      @yndiiatecow2536 Рік тому +2

      Attorneys fees that how you called it...

    • @factchecker1980
      @factchecker1980 Рік тому +1

      Exactly! Lol

    • @WilliamMurphy-b6v
      @WilliamMurphy-b6v 15 днів тому +1

      And you are asking for more free legal advice here. Advice is worth every penny you pay. Pay nothing and you get nothing

  • @mandimolina2906
    @mandimolina2906 2 роки тому +1

    Can i transfer real estate title to one family member?

    • @Tbone.357
      @Tbone.357 Рік тому +2

      In the video, he says his company only does transfers to one individual.

    • @WilliamMurphy-b6v
      @WilliamMurphy-b6v 15 днів тому

      Transfer to multiple people is insane. Who decides what? Everyone has a vote on every decision that has to be made, and without everyone agreeing, nothing gets done. Do you want that? How do you pay property taxes with such an arrangement? The insanity only gets worse. Sell and split the monetary proceeds however you want.

  • @TheK9Shepherd
    @TheK9Shepherd 9 днів тому

    DO NOT HAVE YOUR PARENTS PUT YOU ON THE DEED BEFORE THEY DIE !! You'll lose the step up in basis. That could cost you thousands in capital gains taxes when you go to sell. Make sure the house is transferred on death.

  • @wiseplane5824
    @wiseplane5824 3 роки тому

    Can you do that after death?

    • @stonearchlawofficepllc1419
      @stonearchlawofficepllc1419  3 роки тому +2

      All real estate deeds from the owner must be signed by the homeowner prior to death, which includes transfer on death deeds! The exceptions are deeds out of a trust (signed by the trustee) and deeds from probate (a personal representative's deed signed by the administrator of the estate).

    • @tlcbear411
      @tlcbear411 2 роки тому +2

      I have two questions. Can the transfer after death deed be to transfer to a family trust? Does the deed have to be file before the person pass away. If my mother is alive when she sign the transfer after death deed. Do we have to file it or can I hold the deed paperwork with her will and file after she pass away .If the deed is already signed and notarized.

    • @marywilson6354
      @marywilson6354 2 роки тому +2

      @@tlcbear411 I waiting to her answer for this question too .