Legal Question in Wills and Trusts in Indiana

Beneficiary Deeds

Does Indiana acknowledge Beneficiary Deeds to avoid putting home in probate? Beneficiary deed naming grantees and giving possession only on death? Thank you. Wanda


Asked on 1/18/02, 7:55 pm

2 Answers from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Beneficiary Deeds

Yes. Indiana practioners generally call this a deed with a reserved life estate in the grantor. Normally, the owner quitclaims the property to someone in the family and the deed states it is subject to a life estate in the grantor.

Read more
Answered on 1/18/02, 8:14 pm
C. David DuMond Law Offices of David DuMond

Re: Beneficiary Deeds

I have never heard the term "beneficiary deed" in Indiana or California, the places where I am admitted to practice law. The function of what you want to accomplish is possible in Indiana, but you should confer with an attorney before doing so. And confer with yourself, while you are in a conferring mood, because by devising what you call a "beneficiary deed" you --I assume you are the grantor, the person who now owns the property -- you could be divesting yourself of discretion to change your mind about some ungrateful unloving and uncaring beneficiaries. There are ways to avoid probate without stripping yourself of power.

Read more
Answered on 1/21/02, 8:57 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Indiana