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Updated almost 3 years ago on . Most recent reply

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Joe S.
#5 Innovative Strategies Contributor
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Transfer on death deed in Texas?

Joe S.
#5 Innovative Strategies Contributor
  • Investor
  • San Antonio
Posted

So we have a property under contract and the seller had a deed upon death transfer to him. As far as I know from the title company everything came back clean on the title report. The issue it seems that is coming up is that she is saying that her underwriter is saying the seller needs to wait six months. I have never heard of anything like that. I’m not sure if it’s simply that underwriter or if all underwriters do the same thing. The property is in Wilson County. 

  • Joe S.
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    Bill B.#1 Real Estate Deal Analysis & Advice Contributor
    • Investor
    • Las Vegas, NV
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    Bill B.#1 Real Estate Deal Analysis & Advice Contributor
    • Investor
    • Las Vegas, NV
    Replied

    A quick google says…

    A Texas TOD deed form is a special type of deed form that transfers property to designated beneficiaries upon an owner’s death. It works much like a transfer-on-death designation on a bank account. A transfer-on-death deed identifies beneficiaries who will inherit the real estate at death. The deed may name more than one beneficiary. It may also name alternate beneficiaries to inherit the property if the primary beneficiaries are deceased. On the death of the current owner, the property passes automatically to the named beneficiaries.

    Because transfer-on-death deeds do not transfer property until the current owner’s death, the owner retains broad control over the property during his or her lifetime. The beneficiaries named in the deed have no rights to the property while the owner is still alive. A Texas transfer-on-death deed is effective even if the designated beneficiaries do not know it exists.

    During the current owner’s life, he or she may revoke the transfer-on-death designation or name different beneficiaries.


    https://www.deedclaim.com/texa...

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