Is a Transfer on Death Deed necessary to make sure my MIL's half of a 4-plex is passed on to me?
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It sounds like you’re understandably concerned that family dynamics could lead to a dispute, especially given the long-standing relationships and differing views on inheritance. From what you’ve described, using a TODD in this situation is designed to clearly document your mother-in-law’s intent regarding her share of the property, which can be especially important when there are other family members who might have differing opinions about what “should” happen.
By executing a TODD, her wishes—as expressed in that document—are prioritized over any default rights that might otherwise come into play under the original deed’s right of survivorship. This can help mitigate potential conflicts, such as claims by relatives who believe that property should pass only to blood relatives, or in this case, be limited to those traditionally seen as inheritors.
In your situation, the TODD serves as a preventive measure, ensuring that your mother-in-law’s intentions regarding her share of the property are honored and that your interests, as well as those of your children, are secured.
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I am working on my mother-in-law's TODD, which is going to me now that my father-in-law has passed and my husband (her son) has passed. First, now that I am almost done, it hit me: Is it legal for me to have used this program and written up these documents, with me being the one to get the transfer upon death? Of course, these have to be notarized and then taken to the city for record. I believe as long as they are notarized it doesn't matter who has typed up the documents. I am just praying I have done them correctly. I have another question after this.
I understand this must be a difficult time for you. Have you already completed the Transfer on Death Deed (TODD) documents for your mother-in-law?
I have all but one, and it is a more difficult one, and that is what my next question is on.
Did you consult any legal resources or professionals while preparing these documents?
Yes, her nephew, my cousin, who is an attorney, suggested we do these, as he has done all his mother’s for him and his brother to receive the TODD after her passing.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your TODD.
Let me type in this last question. My MIL and Aunt-in-law had a property (4 Plex) that was in their name and the way I read it, it was right of survivorship. They each own 1/2 of the 4 Plex. My Aunt (her sister-in-law) did a quick claims deed to remove both of the spouses that are no longer with us. Anyhow, I need to do this TODD for my mother-in-law's half of this property left for me upon her passing. Do I just write it up just like the deed I have in front of me with the details and then if she should pass before me then her part of the ownership automatically then gets transferred into my name once I let the city know?
Hello, my name is Blake and I am a licensed attorney with AskaLawyer — I will be happy to help you today! First of all, how long ago did this happen, and where was it located?
Good evening, Blake. I understand.
Do you have an attorney representing you on this?
No, an attorney is not really needed to file a Transfer on Death (TODD); it's not that complex. After writing out my first question, I basically answered it myself because my cousin-in-law is an attorney, and he had done his mother’s and her properties, which go to him and his brother who is also an attorney, upon her passing.
It appears that you have taken the correct initial steps in preparing the TODD, and I understand your concerns given the unique circumstances. Generally, as long as the documents meet your state’s requirements—being properly drafted, notarized, and recorded—the fact that you prepared them should not invalidate the transfer.
However, since the property in question involves additional complexities such as a right of survivorship and a prior claims deed by your aunt, it’s crucial to ensure that there is a clear chain of title and that all documentation accurately reflects your mother-in-law’s intentions.
It is important to confirm that the TODD complies with your state’s legal requirements, especially regarding recording procedures and any specific provisions for transfer upon death. Even if you have followed the procedures correctly, errors in drafting or recording could potentially cause delays or disputes in the future. Therefore, I strongly recommend that you have the documents reviewed by a local attorney to ensure that every detail is in order.
Does this answer your question and do you understand the answer completely? Please let me know if you have any follow-up questions or if anything in this answer was unclear, and I will be happy to help.
For all of the properties I have done, I have followed all proper steps and exact wording of said property that is on the deeds. My concern was the 4 Plex which, if mother-in-law and aunt-in-law were to pass together, neither cousins nor myself have done a TODD.
Based on what you’ve described, the main concern appears to be that the 4 Plex, held jointly by your mother-in-law and her sister-in-law (your aunt-in-law), lacks a TODD, which may create complications if both pass simultaneously. In the absence of a TODD, the property could revert to being governed by state intestacy laws or by the joint ownership arrangement, which might not align with your intentions. Additionally, the prior claims deed executed by your aunt could further complicate the chain of title and the intended transfer.
It is essential that any document intended to effectuate a transfer upon death meets all state-specific legal requirements. Even if the wording on the deeds is followed precisely, the absence of a TODD for the 4 Plex might leave it subject to other legal processes or disputes, especially when multiple parties have interests in the property.
Given the complexities involved, I strongly advise you to have the situation reviewed by a local attorney who can assess whether additional steps—such as drafting a separate TODD or other legal instruments—are necessary to secure your intended outcome.
I guess my question is really, with the quick claims deed — all that really did was remove the deceased spouses. So then does the original deed come into play where it states right of survivorship would then in my eyes be passed to my aunt's kids, the lawyers, and I would not get my half unless I do this TODD to make sure that our portion stays with me and the children I have raised.
Based on the details you’ve provided, the quick claims deed that removed the deceased spouses essentially clears the title of those specific interests. However, if the original deed includes a right of survivorship, then under standard circumstances the surviving interest could indeed pass to the remaining joint owner or, if not executed properly, even revert according to default intestacy provisions.
This means that if your mother-in-law’s deed is not modified by a TODD, her interest might follow the right of survivorship as originally drafted—which could potentially benefit your aunt’s heirs rather than securing your intended share for you and your children.
By executing a TODD specifically for your mother-in-law’s share, you aim to direct the transfer according to her wishes rather than relying solely on the original deed’s provisions. Given the complexities involved with joint ownership and the subsequent quick claims deed, it is advisable to have a local attorney review the deed language and the overall chain of title. This step will help ensure that the TODD will indeed secure your interests as intended.
None of this really was to be a big deal; however, a cousin of theirs, which after 26 years is a cousin of mine, has purchased a condo in my building. He has implied that someone in the family believes everything should go to blood even though I have held this family together. I do believe the one money-hungry one would attempt to fight for things, so that is why the TODD versus just a will or trust.
It sounds like you’re understandably concerned that family dynamics could lead to a dispute, especially given the long-standing relationships and differing views on inheritance. From what you’ve described, using a TODD in this situation is designed to clearly document your mother-in-law’s intent regarding her share of the property, which can be especially important when there are other family members who might have differing opinions about what “should” happen.
By executing a TODD, her wishes—as expressed in that document—are prioritized over any default rights that might otherwise come into play under the original deed’s right of survivorship. This can help mitigate potential conflicts, such as claims by relatives who believe that property should pass only to blood relatives, or in this case, be limited to those traditionally seen as inheritors.
In your situation, the TODD serves as a preventive measure, ensuring that your mother-in-law’s intentions regarding her share of the property are honored and that your interests, as well as those of your children, are secured.
