QUESTION

DOES EACH SPOUSE HAVE TO COMPLETE A SEPERATE TRANSFER ON DEATH DEED TO TRANSFER PROPERTY TO THE SURVING SPOUSE?

Asked on Jul 23rd, 2018 on Estate Planning - Texas
More details to this question:
DOES EACH SPOUSE THAT ARE LEGALLY MARRIED AND JOINT OWNERS OF A HOME HAVE TO COMPLETE A SEPERATE TRANSFER ON DEATH DEED?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
In Texas, one spouse's community property interest in the home can pass to the other by Will or, if there is no Will, under the Texas laws of descent and distribution.  Transfer on Death Deeds and "Lady Bird" Deeds (General Warranty Deeds Reserving an Enhanced Life Estate) are typically use to transfer the home to the next generation free of Medicaid Estate Recovery.  These should be carefully drafted by an attorney to make sure that (1) title only passes after both spouses are gone and (2) title passes within the family, avoiding the possibility of a child's spouse inheriting, remarrying and, by Will or otherwise, seeing the house pass to the new spouse or that new spouse's children.   You can find a local elder law attorney using the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys (www.naela.org).  
Answered on Jul 24th, 2018 at 5:16 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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