[IN] Can I prepare a transfer-on-death deed if I am also the named beneficiary?

IN Real Estate Law

Liz

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In Indiana, it is generally acceptable for the beneficiary of a transfer on death deed to also be the preparer, as long as the grantor has mental capacity and the document is executed properly.(IN Code § 32-17-14-11 (a)(1))

As long as the grantor has capacity, is acting voluntarily, and the transfer on death deed is properly signed and notarized, it is generally valid even if the beneficiary prepared the document.

Indiana Transfer on Death Deed

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Hello, I am in the state of Indiana. Is it legally acceptable for the beneficiary of the transfer on death deed to also be the preparer?

Lexi, Chatbot

I understand that you're seeking clarity on the legality of a transfer on death deed in Indiana. Can you please confirm if you are the preparer or just seeking information about someone else's situation?

Both, yes I am the preparer.

Lexi, Chatbot

Have you already filed the transfer on death deed, or is it still in the preparation stage?

Preparing.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, does the grantor have mental capacity? Has the grantor indicated the intent to make this transfer before?

Yes. And it will be signed before a notary. I am only preparing the document as she is in the hospital right now.

Liz

As long as the grantor has capacity, is acting voluntarily, and the transfer on death deed is properly signed and notarized, it is generally valid even if the beneficiary prepared the document.

Very well, thank you.

Liz

You're welcome! It sounds like you have everything in order for the transfer on death deed. If you have any other questions or concerns, feel free to ask. I hope I was able to help!

Liz

43,836 satisfied customers

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