Do I need to fill out a TOD for property to go to my kids, not my husband?
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A TOD (Transfer on Death) deed could transfer the property directly to your kids, but I recommend creating a will in addition to the TOD deed for best legal protection.
1. Use the Indiana Last Will and Testament Template to disinherit your husband in the will and leave the house to the kids. Make sure it’s witnessed and notarized.
2. Then complete the Indiana Transfer on Death Deed and make sure it is recorded with the county register of deeds. If it’s not recorded, it won’t be valid.
In Indiana, a surviving spouse is entitled to:
- A $25,000 spousal allowance, and
- If the will gives them less than half, they can elect to receive one-half of the estate (real and personal). (Indiana Code § 29-1-4-1)
So depending on the situation, your husband could still have rights, unless he formally waives them.
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Do I need to fill out a TOD for property to go to my kids, not my husband?
I understand your concern. Are you looking to ensure that your property goes to your children instead of your husband after your passing?
Yes.
Have you already created a will or trust outlining your wishes for the distribution of your assets?
I'm getting ready to leave a will.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your inheritance distribution.
No.
Hello! Thanks for using AskaLawyer. My name is Stephen, and I’m an attorney ready to help.
What state are you in?
Indiana.
A TOD (Transfer on Death) deed could transfer the property directly to your kids, but I recommend creating a will in addition to the TOD deed for best legal protection.
1. Use the Indiana Last Will and Testament Template to disinherit your husband in the will and leave the house to the kids. Make sure it’s witnessed and notarized.
2. Then complete the Indiana Transfer on Death Deed and make sure it is recorded with the county register of deeds. If it’s not recorded, it won’t be valid.
In Indiana, a surviving spouse is entitled to:
- A $25,000 spousal allowance, and
- If the will gives them less than half, they can elect to receive one-half of the estate (real and personal). (Indiana Code § 29-1-4-1)
So depending on the situation, your husband could still have rights, unless he formally waives them.
Ok, thank you. He doesn't want the house.
Then you're good to go.
Do you have any other questions or need clarification?
How much does a TOD cost?
$25 to $55 to file, depending on the county. If you hire someone to prepare it, it could cost around $500, depending on the attorney or title company.
