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DO You Want to AVOID PROBATE? HERE is One Way-Transfer On Death Designations...

  • Mar 27, 2023
  • 2 min read

Updated: May 23, 2024

A transfer on death (TOD) designation is a legal arrangement that allows an individual to name one or more beneficiaries who will inherit an asset, such as a bank account, brokerage account, or real estate, upon the individual's death. The beneficiary does not receive ownership of the asset until the individual dies, and the beneficiary designation can be changed or revoked at any time during the individual's lifetime.

Pros of a Transfer on Death designation:

  1. Avoidance of Probate: Assets that are transferred using a TOD designation do not have to go through probate, which can be a time-consuming and costly process. This can save both time and money for the beneficiaries.

  2. Privacy: Unlike probate, which is a public process, a TOD designation is a private arrangement between the owner and the beneficiary. This means that the transfer can be made without public disclosure.

  3. Flexibility: A TOD designation can be changed or revoked at any time during the individual's lifetime. This means that the individual has the flexibility to adjust their estate plan as their circumstances change.

Cons of a Transfer on Death designation:

  1. Limited Scope: TOD designations can only be used to transfer certain types of assets, such as bank accounts, brokerage accounts, and real estate. Other types of assets, such as personal property, cannot be transferred using a TOD designation.

  2. Lack of Control: Once a TOD designation is in place, the owner of the asset no longer has control over it. This means that if the beneficiary is irresponsible with money or has creditor problems, the asset could be at risk.

  3. Tax Consequences: Depending on the value of the asset and the beneficiary's tax situation, there may be tax consequences associated with a TOD designation. It's important to consult with a financial or tax advisor to understand the potential tax implications.

In summary, a TOD designation can be a useful estate planning tool that provides several advantages over traditional estate planning methods, but it's important to carefully consider the potential drawbacks before implementing this strategy. It's recommended to consult with a legal or financial professional to determine if a TOD designation is appropriate for your situation.


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