Jun 27, 2024
1:45:55pm
BYUMizzou All-American
That's why I said it depends on your state. Here in Missouri they're used
extensively and there is no impact on title insurance if there's a beneficiary deed in the chain of title. About 10 years ago I talked to a Florida attorney (this was just a few years after TOD deeds were enacted under Florida law), and I was told nobody was using them for the same reasons (title insurance concerns). I talked to the same attorney last year, and they're now using them with impunity.

There is no issue with title insurance if you can document the owner's death. In Missouri (and now in Florida) it is the expected standard for the beneficiary under such a deed to record an affidavit of death with mom and dad's death certificates attached as exhibits. If this is done, then there's never a cloud on the title and there's never an issue with insuring title because you have a record of the grantor's death in the chain of title.
This message has been modified
Originally posted on Jun 27, 2024 at 1:45:55pm
Message modified by BYUMizzou on Jun 27, 2024 at 1:47:14pm
BYUMizzou
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Mark Harlan
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BYUMizzou
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