Respondent Moot Memorial including Charges and Argument Advanced.docx
Trumping the Will
1. TRUMPING THE WILL
HOW TO AVOID PROBATE IN TEXAS
BY FARHA AHMED
ATTORNEY AT LAW
Oct 2019
2. TEXAS DIY IN 2015
TRANSFER ON DEATH DEED (TODD)
BASIC OVERVIEW OF WILLS AND PROBATE
wills are written instructions
probate is the court process of deciding who gets
the assets as per the instructions in the will
if you don’t have a will
intestate- state has set laws that determine
who gets your assets because you didn’t leave
instructions i.e. will
3. TODD AVOID PROBATE AND TRUMPS WILL
Transfers real property only upon death –
Residential or commercial
Similar to beneficiary rights to your insurance
policy proceeds
Property rights while alive are not affected
Can sell the property- voids the TODD
Only transfer what you own
Trumps a will
4. Advantages
If you receive Medicaid- government can not
claim to repay benefits BUT Probating a will-
government can claim
Make changes and cancel without doing a new will
or a codicil (amendment)
Forms available for the public- but recommended
to have it reviewed by an attorney
5. What TODD will not do
Help avoid creditor, loans, liens, mortgages
Be valid if not filed
6. Requirements of a TODD
In writing
State who the owner is and whom you will transfer too,
i.e. beneficiary
Legal description of land – look at the deed
Able to name alternates and multiple beneficiaries
(equal %)- can be a charity
Keep it a secret
Need to file with clerk of the real property records
Can be revoked or cancelled (specific form)
A power of attorney can NOT sign a TODD but can
cancel/revoke TODD