Call Us Now 215-790-1095
14 Nov, 2014

Avoiding Probate Through a Transfer-on-Death Deed – Not in PA!

From our “Ask a Question” Mailbag: Avoiding Probate Through a Transfer-on-Death Deed

Most Recently Updated July 8, 2018.

“Can I avoid Probate in Philadelphia by using a Transfer-on-death deed for real estate?”

How to Keep the family home in the family

Avoiding Probate Through a Transfer-on-Death Deed

Avoiding Probate Through a Transfer-on-Death Deed

For some estates, spending a little money now to avoid probate at death can create substantial savings for the family. Typical techniques used to avoid probate include Revocable Living Trusts, Jointly Owned Accounts and Payable-on-Death designations on bank accounts and stock accounts.

One technique available in some states to avoid probate is a Transfer-on-Death Deed for real estate.

For example:

M.S. 507.071 is the Minnesota State statute that spells out how to draft a valid Transfer-on-Death deed for Minnesota property. This statute allows you to own a Minnesota plot of land with a deed that states at your death the ownership of the land immediately transfers into the name of another person or into a trust. Until death, the property remains in your name and under your control.

Pennsylvania has not yet adopted a Transfer-on-Death deed, so as of 2014/2015 for Philadelphia residents this is not an option.

What can be done in Pennsylvania?

Instead, to avoid probate in Philadelphia deeds can be placed in Joint Tenancy or into a Revocable Living Trust. The advantage of a Joint Tenancy is simplicity, but the negative is that during your lifetime you will have given the other person a part ownership in your property. A Revocable Living Trust avoids probate, is a bit more complex to implement but has the advantage of leaving control over the property in your hands during your lifetime.

More Planning Questions?

Avoiding probate is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Avoiding Probate Through a Transfer-on-Death Deed

I hope that this article was helpful in explaining how a living trust in PA can assist in avoiding probate. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags: Avoiding Probate, Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Living Trust, Pennsylvania, Philadelphia, Revocable Trust

What Our clients are saying

Klenk Law Logo
Stars

Jack Daniels

Can't recommend Attorney Daniella Horn and paralegal Jackie Mettinger enough. They have been incredible to work with through the administration of my aunt's estate. They are knowledgable, patient, kind, and always quick to respond, and not to mention super affordable. Thank you so much for all of your hard work. I will definitely be recommending you to anyone who needs this type of help in the future.

Klenk Law Logo
Stars

Denise Lowmaster

Our experience with Klenk Law has been exceptional. We’ve had help with estate planning and pre-nuptial agreements. They really take the time to explain everything and let us know our options. All of the staff are very professional, courteous and knowledgeable. They are very prompt with responding to calls and messages. We will continue to use them and recommend to friends and family.

Klenk Law Logo
Stars

Michelle Schamis

Peter explains things in a practical way to help guide you through a rather daunting process. We have been using Klenk Law for years. Highly recommend.

Klenk Law Logo
Stars

Callista O “Callista O” Chukwunenye

I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!

Klenk Law Logo
Stars

Gwen Hinrichs

I can't tell you how satisfied I am with this law firm. They were competent and helped me with a very difficult situation. They got the job done in a timely fashion and I am so happy I found them. If you find yourself in a difficult and contentious probate situation I highly recommend this firm. There is just no way I could have had this positive outcome without them. I worked with 2 different lawyers prior to hiring them and neither of them could get the job done like Klenk. Daniella Horn was a pleasure to work with and highly competent.

Let us put our expertise to work for you.

Free consultation within 24 hours.