The document discusses how to avoid probate in Texas using a Transfer on Death Deed (TODD). It provides an overview of wills and probate, noting that a will outlines instructions for distributing assets, while probate is the legal process to do so. A TODD allows real property to transfer directly to a beneficiary upon death without probating the will. It has advantages like allowing changes without amending the will. However, a TODD only applies to real property and does not protect against creditors or liens. It must be in writing, name beneficiaries, and be properly filed.

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