Legal Question in Wills and Trusts in Maryland

I have read of a TOD deed which, similar to a TOD on financial assets, transfers real estate to a designated beneficiary without relinquishing control of the property until death, at which time ownership is transferred to the beneficiary, thus avoiding probate. The article said 25 states now permit the use of TOD deeds. Is Maryland one of them?


Asked on 9/15/15, 7:46 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Maryland law allows something called a life estate deed which accomplishes the purpose of a TOD deed. In essence, the person owning the property gives themselves rights during their lifetime and names people to get the property upon their death.

My firm routinely does such deeds, as do many others. Care should be taken in the type of life estate deed, however. For instance, in most cases the Grantor will want to retain powers through an enhanced life estate deed -- on occasion people fail to do so and if they fail to retain powers they could wind up needing other people's permission to manage their own property.

It sounds like you've done some homework on the best ways to transfer assets. You're encouraged to consult with a lawyer who can talk about your goals and figure out the best way to accomplish same.

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Answered on 12/02/15, 11:47 am


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