Transfer on Death Deed – Questions Part 2 of 3

Transfer on Death Deed – Questions Part 1 of 3
February 2, 2016
Transfer on Death Deed – Questions Part 3 of 3
February 2, 2016

Transfer on Death Deed – Questions Part 2 of 3

Can I Revoke a Transfer on Death Deed?

Yes.  A Transfer on Death Deed is completely revocable during the life of the Grantor. The Transfer on Death Deed can be revoked in one of the following ways:

  1. By signing a new Transfer on Death Deed that expressly revokes the prior one or specifies that the property should pass to someone else;
  2. By signing a separate document that expressly revokes the prior Transfer on Death Deed. Note, however, a Grantor cannot revoke a Transfer on Death Deed by making a contrary provision in a Will.

The revocation must be signed and notarized by the Grantor and recorded before the Grantor’s death in the deed records of the county clerk’s office of the county were the deed being revoked is recorded.

Additionally, if a Grantor is divorced after he signs a Transfer on Death Deed naming his spouse as the designated beneficiary, a final judgment of the court dissolving the marriage will operate to revoke the transfer on death deed as to the divorced spouse if notice of the judgment is recorded before the Grantor’s death in the deed records in the county clerk’s office of the county where the deed is recorded.

Can Transfer of Death Deed be Created Though Use of Power of Attorney?

No. An agent acting under a power of attorney cannot create a Transfer on Death Deed.