What Is “Transfer on Death” in Estate Planning?

Perhaps you’ve heard of transfer on death (TOD) deeds and are curious if this is the right estate planning tool for you. In the realm of estate planning, knowledge is power, and understanding the various options at your disposal is essential. A TOD deed can be a valuable addition to your estate plan, offering several benefits while also having specific limitations. At Law Offices of John Mangan, P.A., we can help you navigate estate planning, including the use of TOD deeds, in the state of Florida.

What is a Transfer on Death Deed?

A Transfer on Death deed, also referred to as a TOD deed, Transfer-on-Death Instrument, Deed Upon Death, Beneficiary Deed, or TODD, and also sometimes known as a ladybird deed or enhanced life estate deed, is a legal document used for transferring the ownership of real property to a designated beneficiary upon the owner’s passing. This estate planning tool essentially allows you to retain full control of your property during your lifetime, and upon your death, the property automatically transfers to the designated beneficiary without the need for probate.

How TOD Works

TOD deeds are a state-regulated estate planning tool, and their availability varies from state to state. Many states, including Florida, allow for TOD deeds. Residency in a state that permits TOD deeds is not a requirement for their utilization; however, the property in question must be situated within a state where TOD deeds are allowed. It’s essential to keep in mind that laws and regulations may change over time, so consulting with a qualified estate planning attorney is crucial to understanding the current status of TOD deeds in your state.

In a TOD deed, the property owner designates a beneficiary who will receive the property upon their passing. The beneficiary has no ownership or control over the property during the owner’s lifetime. Instead, the owner maintains full control and can make changes to the beneficiary designation or even revoke the TOD deed if circumstances change. When the property owner passes away, the property automatically transfers to the designated beneficiary, bypassing the probate process.

Potential Benefits of TOD

There are plenty of good reasons why you might consider using a TOD deed:

• Avoiding Probate: One of the primary advantages of TOD deeds is the avoidance of probate. By sidestepping the probate process, the transfer of the property is typically quicker and less costly.
• Flexibility: TOD deeds offer flexibility as the property owner can change or revoke the beneficiary designation as needed.
• Control: Property owners retain full control of their property during their lifetime and can continue to use, sell, rent, or mortgage it as they see fit.
• Ease and Affordability: Unlike some other estate planning tools, which may involve complex legal processes, TOD deeds are known for their straightforward nature. With the right guidance and knowledge, you can set up a TOD deed relatively easily and inexpensively, making it an accessible option for a wide range of individuals looking to secure the future transfer of their assets to their chosen beneficiaries.

Potential Disadvantages of TOD

While TOD deeds may have its advantages, it is not the right solution for everyone. There can be certain downsides to it depending on your specific circumstances.

• Limited Estate Planning: TOD deeds apply only to real property and do not encompass all types of assets. For a comprehensive estate plan, you may need to utilize other estate planning tools.
• Limited Protection: While TOD deeds help avoid probate, they do not provide asset protection or address complex estate planning scenarios.
• Tax Implications: It’s important to be aware of potential tax consequences associated with transferring property through a TOD deed. TOD designations keep the deceased person’s assets in their estate. This means that if there are debts to be paid, creditors may still get the money from these assets before the beneficiaries can access them in some circumstances, although the outcome may vary depending upon whether the property is considered protected homestead.
• Untoward Impact on Your Estate Plan: TOD designations bypass probate, which means assets passing via TOD designations aren’t included in your estate plan. This could create a problem if most of your assets pass this way. There may not be enough money left in your estate to cover expenses and taxes, so the person in charge (your personal representative) might need to get funds from the TOD beneficiaries. 

Working closely with an estate attorney can help you align your TOD designations with your estate plan, which may include naming a trust as the beneficiary, ensuring that your assets are distributed as you want them to be.

Transfer on Death FAQs

Q: Are TOD Deeds Taxable to the Beneficiary? 

A: The transfer of real property through a TOD deed is generally not subject to income tax for the beneficiary. However, the assets can still be affected by relevant estate taxes, capital gains taxes, property taxes, and inheritance taxes, if any. It’s essential to consult with a tax professional or estate planning lawyer to understand any potential tax implications.

Q: What’s the Difference Between TOD and POD? 

A: TOD (Transfer on Death) pertains to real property, while POD (Payable on Death) typically refers to financial accounts. Both allow for the automatic transfer of assets to designated beneficiaries upon the owner’s passing.

Q: Do TOD Deeds Supersede a Will? 

A: The assets specified in a TOD deed transfer directly to the designated beneficiary and do not go through probate. As such, they take precedence over a will. TOD accounts should be consistent with your overall estate plan and coordinated with your will and other estate planning documents.

Consult with an Experienced Estate Planner on TOD Deeds

Determining if a TOD deed is the right choice for your estate plan depends on various factors, including the type of assets you own, your financial situation, and your estate planning goals. It’s crucial to consult with experienced estate planning professionals who understand the intricacies of TOD deeds and can guide you in making informed decisions.

At Law Offices of John Mangan, P.A., we are dedicated to crafting tailored estate plans that align with your unique objectives. Whether it’s utilizing a TOD deed or exploring other estate planning strategies, we are here to provide expert guidance. Secure your family’s financial future and streamline your estate planning. Contact us today at 772-266-5108 or fill out our