Glendale, AZ asked in Estate Planning and Real Estate Law for Arizona

Q: I filed TOD deed, but now want to transfer the property into my trust. Does quitclaiming into the trust cancel the TOD?

I am in Arizona. I am the sole owner of the property. Do I need to file a deed revocation, revoking the beneficiary deed first, or will the quitclaim deed be sufficient to maintain chain of title?

2 Lawyer Answers
Gregory Christopher Poulos
Gregory Christopher Poulos
Answered
  • Estate Planning Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The proper way to do this is to record a revocation of the beneficiary deed and then record a deed from you to the trust. Quitclaim deeds are an invitation to potential disasters.

Nina Whitehurst agrees with this answer

Ilene L McCauley
Ilene L McCauley
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I understand that you believe that this type of transaction should be simple. Unfortunately real estate transfers are never simple.

I strongly urge you to have your estate planning attorney review what you have done, in light of what you want to do with the property. Then, your attorney can prepare the documents necessary to properly implement your plan.

Nina Whitehurst agrees with this answer

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