TRY ME!
Transfer Property Without Probate
Summary
A Transfer on Death Deed (TODD) in New Mexico allows property to pass directly to a beneficiary without probate if properly recorded. If not recorded before death, it may be invalid. Joint tenancy with right of survivorship is another option, ensuring automatic ownership transfer upon death without probate. Consider setting up a living trust to transfer property while avoiding probate. Consult an estate planning attorney for personalized advice and to ensure all legal steps are followed.Full Conversation
How can I set up? Transfer on death steed for my granddaughter. So her mother doesn't get the property when I pass
Hi Kelly! You can set up a Transfer on Death Deed (TODD) in New Mexico to ensure your property goes directly to your granddaughter:
- Fill out a TODD form, available through the New Mexico courts or online.
- Include your property's legal description and your granddaughter as the beneficiary.
- Sign the deed in front of a notary.
- Record the deed with the county clerk's office where the property is located.
Would you like more details on any of these steps?
- Fill out a TODD form, available through the New Mexico courts or online.
- Include your property's legal description and your granddaughter as the beneficiary.
- Sign the deed in front of a notary.
- Record the deed with the county clerk's office where the property is located.
Would you like more details on any of these steps?
Let's see. I passed tomorrow and I had this filled out and notarized but not recorded at the county's clerk's office, could my granddaughter go and record it after my death. And it still be legal
If you have filled out and notarized the Transfer on Death Deed (TODD) but did not record it before your death, it may not be valid. Recording the deed is a crucial step to ensure its legality.
Would you like information on how to proceed with recording it now?
Would you like information on how to proceed with recording it now?
Yes
To proceed with recording the Transfer on Death Deed (TODD) in New Mexico, follow these steps:
*. Take the filled out and notarized TODD to the county clerk's office.
*. Submit the deed for recording.
*. Pay any required recording fees.
Would you like more details on the recording process or the location of your county clerk’s office?
*. Take the filled out and notarized TODD to the county clerk's office.
*. Submit the deed for recording.
*. Pay any required recording fees.
Would you like more details on the recording process or the location of your county clerk’s office?
Well, I had put it away after I got it notarized and forgot where I placed it. And I just found it the other day.
It's great that you found it! Here's what you need to do next:
- Take the notarized TODD to the county clerk's office.
- Submit it for recording.
- Pay any required fees.
Would you like more details on the recording process or the location of your county clerk's office?
- Take the notarized TODD to the county clerk's office.
- Submit it for recording.
- Pay any required fees.
Would you like more details on the recording process or the location of your county clerk's office?
Is there any other things you could do to transfer a deed if no will? And you don't want it to go to the next of kin
You might consider setting up a trust or drafting a new deed naming your granddaughter as a joint tenant with right of survivorship. This ensures she automatically gains ownership upon your death, bypassing probate.
Would you like more details on setting up a trust or joint tenancy?
Would you like more details on setting up a trust or joint tenancy?
Joint tendency does a transfer on death deed. Have to go to probate
If you have a properly recorded Transfer on Death Deed (TODD) in New Mexico, it allows your property to pass directly to your beneficiary without going through probate.
Here are the key points:
- A properly recorded TODD avoids probate.
- If the TODD was not recorded before death, it may not be valid.
- Joint tenancy with right of survivorship can also avoid probate.
Would you like more details on joint tenancy, or any other method to ensure your granddaughter receives the property?
Here are the key points:
- A properly recorded TODD avoids probate.
- If the TODD was not recorded before death, it may not be valid.
- Joint tenancy with right of survivorship can also avoid probate.
Would you like more details on joint tenancy, or any other method to ensure your granddaughter receives the property?
Yes
Joint tenancy with right of survivorship can avoid probate and ensure your granddaughter receives the property. Here's what you need to know:
- Both names appear on the deed.
- Upon your death, ownership transfers automatically to your granddaughter.
- No probate is needed.
Would you like more details on setting up joint tenancy?
- Both names appear on the deed.
- Upon your death, ownership transfers automatically to your granddaughter.
- No probate is needed.
Would you like more details on setting up joint tenancy?
Yes
To set up joint tenancy with right of survivorship in New Mexico, follow these steps:
- Prepare a new deed listing both you and your granddaughter as joint tenants with right of survivorship.
- Sign the deed in front of a notary.
- Record the deed with the county clerk's office.
Would you like more detailed instructions on preparing the new deed?
- Prepare a new deed listing both you and your granddaughter as joint tenants with right of survivorship.
- Sign the deed in front of a notary.
- Record the deed with the county clerk's office.
Would you like more detailed instructions on preparing the new deed?
No what else could i do to transfer it to her
You can also consider setting up a living trust. This allows you to transfer property to your granddaughter while avoiding probate.
Here's a brief overview:
- Create a living trust document.
- Transfer the property into the trust.
- Name your granddaughter as the beneficiary.
- Upon your death, the property transfers to her without probate.
Would you like more details on setting up a living trust?
No
It seems like you have explored several options for transferring your property to your granddaughter. Since you’re looking for alternatives, you might want to consult with an estate planning attorney to ensure all legal steps are properly followed. They can provide personalized advice and help you choose the best option for your situation.
Would you like any contact information for estate planning attorneys in your area?
Would you like any contact information for estate planning attorneys in your area?
No
It sounds like you have explored various options for transferring your property to your granddaughter. Considering the complexity of estate planning, consulting with an estate planning attorney could be beneficial to ensure all legal steps are properly followed. Would you like more information on any specific aspect of these processes?
Start a new chat