Legal Question in Wills and Trusts in New Mexico

tranfer on death warranty deed

Can anybody out there tell me what a transfer on death warranty deed is and how I get a blank form for same? I have been working on my will and people have been telling me to do a transfer on death warranty deed. The intent is to transfer the ownership of my home upon my death. Can anybody help me?


Asked on 9/16/04, 6:00 pm

2 Answers from Attorneys

Douglas Barr The Barr Law Firm, P.C.

Re: tranfer on death warranty deed

It is a Deed that may avoid probate of your Estate, but not necessarily. If your intent is to avoid probate, there are much safer ways to do so that will clearly do the job. Compare the cost to your survivors if you do it yourself, and botch it, versus the minimal attorney's fees you would pay to have the security of knowing it was done correctly.

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Answered on 9/17/04, 2:11 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: tranfer on death warranty deed

A Transfer on Death Deed [TODD]is a deed which is signed and filed with the County Clerk presently, but does not take effect unil the death of the grantor [signer of the deed]. If you change your mind, you just change your deed. It is a $25-30 item from most NM lawyers.

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Answered on 9/16/04, 6:33 pm


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