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
2 Answers from Attorneys
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.
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.