Legal Question in Wills and Trusts in Missouri
Does the Transfer on Death (TOD) statement on a certificate of title for property supersede a subsequent bequeathal in a last will and testament for the same property?
Asked on 1/20/11, 1:24 pm
1 Answer from Attorneys
Anthony Smith
LawSmith
Generally a TOD occurs at the moment of death. The transfer from will occurs as to property that can be brought into the estate. Generally, property that transferred on death is not avaible to be brought into the estate. But, in some cases, a subsequest will may acy to nullify a previous TOD designation. It sounds like that did not happenr in your case, based upon how you described it. Therefore, you should take the documentation to a probate /real estate attorney in your before deciding how to proceed.
Good luck
Answered on 1/26/11, 10:34 am