Q: If I only want 2 of my 3 children to inherit my home, would it be advisable to use a revocable transfer on death deed?

by | Nov 29, 2023 | Estate Planning, Q&A, Title and Deeds |

A: We would only recommend the use of the revocable transfer on death (TOD Deed) if you would like to leave your house in equal shares to all of your children, and none of your children have any spendthrift issues and/or special needs considerations (remember, title companies often times would require the disinherited child to sign off acknowledging that they are not entitled to any portion of the house and this can rightly lead to a much higher likelihood of estate litigation). Even then, remember that the TOD Deed has other limitations such as the inability to include contingent provisions in the event one of your children predeceases you (in such a case, all of the children that survive you would receive the property in equal shares and the children of the deceased child would be disinherited entirely).