Transfer on Death Deed Attorneys in Central Texas

Legal Counsel for Complicated Estate Planning Tools

A transfer on death deed (TODD) can sound like a simple way to pass real estate directly to heirs without the probate process, but it can be much more complicated than you might expect. While TODDs can be powerful estate planning tools, they also come with important limitations and risks that need to be understood before moving forward. At the Law Offices Of Vic Feazell, P.C., we help people across central Texas determine whether a transfer on death deed is the right choice, draft deeds that comply with Texas law, and resolve disputes when complications arise. With our straightforward yet compassionate approach to casework, you can make informed decisions that match your estate planning goals.

Schedule an initial consultation with our Texas transfer on death deed lawyers by calling (254) 938-6885.

What is a Transfer on Death Deed?

A transfer on death deed is a legal document that allows the owner of real property in Texas to name one or more beneficiaries who will automatically inherit the property after the owner’s death. Unlike a will, a TODD applies only to real estate and only transfers ownership after death.

During life, the property owner keeps full control of the property. They can sell it, mortgage it, or use it however they wish. Only upon death does the transfer to the named beneficiary take effect. For this reason, TODDs are sometimes described as “deeds that work like beneficiary designations.”

Benefits of Transfer on Death Deeds

Many people are drawn to transfer on death deeds because they promise a straightforward way to pass real estate to loved ones. While they are not the perfect solution in every situation, TODDs can offer significant advantages for property owners who want to keep matters simple and try to avoid unnecessary legal proceedings.

Common benefits of using a transfer on death deed include:

• Avoids probate – Property usually passes directly to the beneficiary without going through probate.
• Keeps the owner in control – You remain the legal owner during your lifetime and can still sell or encumber the property.
• Cost-effective – Generally less expensive and less complicated than setting up a trust.
• Flexible beneficiary options – You can designate one or multiple beneficiaries to inherit the property when you pass away.

Issues with Transfer on Death Deeds

Despite their benefits, transfer on death deeds come with limitations and risks that can create problems for beneficiaries or even undo the intended simplicity. The issues often arise after the property owner has passed, leaving loved ones to untangle legal complications. If you work with our attorneys, though, we can tell you about the potential problems that you could encounter when using a TODD, so you can plan for them in advance.

Despite their advantages, TODDs often present various challenges, such as:

• Titling complications – Title companies may delay or refuse transactions when TODDs raise questions about ownership history.
• Creditor claims – Even after property passes through a TODD, creditors may still file claims against it to try to resolve debts.
• Limitations with powers of attorney – Most agents under a power of attorney cannot create, revoke, or modify a TODD on behalf of the property owner.
• Potential for family conflict – Disputes may arise if beneficiaries disagree or if the TODD contradicts other estate planning documents.
• Risk of oversimplification – TODDs do not address broader tax issues, creditor protection, or complex family dynamics.

Who Should Use a Transfer on Death Deed?

Because TODDs are a relatively simple estate planning tool, they are most effective in certain situations and less so in others. The question is not only whether you can use a TODD but whether it’s the best option for your goals and family circumstances. Part of our role as your chosen Texas TODD attorneys will be to help you decide if you should use one at all.

TODDs may be useful for people who:

• Own real estate and want to pass it to one or more beneficiaries directly.
• Have relatively straightforward estate planning needs.
• Want a cost-effective way to avoid probate for a specific property.

TODDs may not be appropriate for:

• People with multiple properties or large, complex estates.
• Families with potential for inheritance disputes.
• Situations where tax planning, creditor protection, or blended family issues are priorities.

How the Law Offices Of Vic Feazell, P.C. Can Help with TODDs

Our attorneys guide clients through every stage of the TODD process:

• Evaluating suitability – Determining if a TODD fits your estate plan or if another tool is better suited.
• Drafting and recording TODDs – Preparing valid documents that meet Texas requirements and filing them with the county.
• Coordinating with other documents – Making your TODD so it does not conflict with your will, trust, or powers of attorney.
• Resolving title and creditor issues – Helping clients navigate disputes with title companies and creditor claims.
• Litigation representation – Defending or challenging TODDs in court when disputes arise.

By combining careful planning with trial-tested courtroom advocacy, our firm is ready to protect both your property and your peace of mind.

Want More Information? Call Anytime

A transfer on death deed can be a valuable tool, but it’s not the right choice for everyone. Before making decisions about your real estate and your legacy, get guidance from experienced Texas estate planning attorneys who understand both the opportunities and pitfalls of TODDs.

Contact us online or call (254) 938-6885 today to discuss your estate planning needs and find out if a transfer on death deed is right for you. We help clients across central Texas.