Professors' Corner: Transfer on Death Deeds
Nearly half of the states have recognized, through common-law forms or legislation, the Transfer on Death deed, a mechanism that allows the transfer of real property on death without using a will while avoiding probate. But the various rules and mechanisms existing among the states have led to disparity and uncertainty in form and outcome. And they may well cross the juridical binary between inter vivos and testamentary transfers beyond coherence and rationality. The panelists explore these and other issues and comment on the efficacy and wisdom of the Transfer on Death Deeds (TOD).