A Guide on Revoking a Transfer on Death Deeds in Texas

A Transfer on Death Deed (TODD) is a powerful estate planning tool in Texas, allowing property owners to designate beneficiaries for real estate without going through probate. However, life circumstances change, and you may need to revoke a previously filed TODD. This guide provides a detailed, step-by-step process on how to revoke a TODD in Texas, ensuring your actions are legally binding and effective.

Understanding Transfer on Death Deeds

Before diving into the revocation process, it's crucial to understand what a TODD is and its significance in estate planning. A TODD allows property to transfer automatically to a designated beneficiary upon the owner's death, avoiding probate and potentially saving time and money for heirs. The property owner retains full control of the property during their lifetime, and importantly, TODDs can be revoked at any time without the beneficiary's consent.

Step-by-Step Guide to Revoking a Transfer on Death Deed

1. Understand the Legal Basis for Revocation

In Texas, property owners have the right to revoke a TODD at any time without the beneficiary's consent. This can be done by either executing and recording a new TODD or filing an instrument of revocation.

2. Prepare the Revocation Document

Create a formal "Instrument of Revocation" that includes your full legal name as the property owner/grantor, a clear statement revoking the previous TODD, the legal description of the property as it appears in the original TODD, and the recording information of the original TODD (volume and page number or document number).

3. Sign and Notarize the Instrument of Revocation

Sign the document in the presence of a notary public, ensuring that the notary properly acknowledges your signature. This step is crucial for the legal validity of the revocation.

4. File the Revocation with the County Clerk

Visit the county clerk's office where the property is located and file the notarized Instrument of Revocation. Be prepared to pay any applicable filing fees. Make sure to obtain a certified copy of the recorded revocation for your records, as this serves as proof that the TODD has been officially revoked.

5. Notify Interested Parties (Optional but Recommended)

While not legally required, it's advisable to inform the original TODD beneficiary of the revocation and update any other relevant parties, such as your estate planning attorney. This helps prevent confusion and potential disputes in the future.

Alternative: Executing a New TODD

If you wish to designate a new beneficiary, you can execute a new TODD instead of filing a separate revocation. The new TODD should explicitly revoke any previous TODDs concerning the same property. Remember that this new TODD must also be signed, notarized, and recorded with the county clerk's office to be legally valid.

Impact on Estate Planning

Revoking a TODD can significantly affect your overall estate plan. It's wise to review your entire estate plan with an experienced attorney to ensure the revocation aligns with your current goals and intentions. This may also be a good time to update other estate planning documents as necessary, such as your will or trusts.

Legal Assistance

While revoking a TODD is generally straightforward, consulting with a probate attorney can ensure all legal requirements are met and help address any potential legal issues. An attorney can also assist in updating your broader estate plan to reflect your current wishes and circumstances.

Common Questions About TODD Revocation

1. Can I revoke a TODD if the beneficiary doesn't agree?

Yes, you can revoke a TODD without the beneficiary's consent or knowledge.

1. Does revoking a TODD affect my current ownership of the property?

No, revoking a TODD does not affect your current ownership or rights to the property.

1. Can I revoke a TODD if I've lost the original document?

Yes, you can still revoke a TODD even if you don't have the original document. The county's recorded copy is what matters legally.

1. Is there a time limit for revoking a TODD?

No, you can revoke a TODD at any time during your lifetime, as long as you have the legal capacity to do so.

1. What happens if I sell the property after creating a TODD?

Selling the property effectively revokes the TODD for that specific property.

Conclusion

Revoking a Transfer on Death Deed in Texas involves a specific legal process that must be followed carefully. By preparing and recording an Instrument of Revocation or executing a new TODD, you can successfully update your estate plan to reflect your current wishes.

For personalized assistance with revoking a TODD or other estate planning needs, consult with an experienced estate and probate attorney. They can provide expert guidance, ensuring your legal documents are correctly prepared and recorded, and that your estate planning goals are achieved in compliance with Texas law.

Remember, while this guide provides general information, it's not a substitute for personalized legal advice. Always consult with a qualified attorney for guidance tailored to your specific situation.