Orlando, FL asked in Probate and Estate Planning

Q: Can the original property owner, being of sound mind and judgement, void, terminate or amend, transfer of deed form?

My daughter passed away. I would like to remove my grand daughters name from the transfer of deed document and keep "only my natural born son and caregiver", as the only and sole beneficiary.

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1 Lawyer Answer
Nina Whitehurst
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Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: It sound like you might be referring to a transfer on death deed that you have previously recorded and now you want to change it. In most states that can be done simply by recording a new transfer on death deed. The new one automatically revokes the old one. But you did not say what state this is, so I cannot say for certain that is the law in your state. Either way, you should hire an attorney to help you with this. An estate planning attorney can also help you determine whether a transfer on death deed is the best device for accomplishing your objectives. Many times a trust ends up being a better choice.

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