Who can draw up transfer on death property deeds?

UPDATED: Sep 30, 2022

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Who can draw up transfer on death property deeds?

Is it only lawyers, title company, or is it me using on-line forms. I know it has to be filed in the county records. The property is owned as joint tenancy with right of survivorship. My husband and I own the house. If I pass we want house to go to other spouse. If we both die then we want house to go to daughter and her husband without going through probate. Probate would cost $2000-$2500 and all we have is a bank account, house and car.

Asked on February 24, 2016 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Anyone can draw up paperwork to transfer property records.... you do not have to be an attorney or a title company.  However, you may want to have one of them look over your documents to insure that it is done correctly so that your last wishes are honored.
What you want is a life estate.  This is where you and your husband continue use of the house until you pass.  When you both pass away, then the house would automatically pass to your heir(s).
As a general recommendation, I suggest leaving the house to your daughter... not your daughter and her husband. I know this sounds cruel, but in this day and age, there is always a possibility of divorce.  If the house is left to your daughter, then it would be considered her separate property that would have to be awarded to her alone should they ever divorce. It would also give her some extra resources to start over with should a divorce happen.  If you left the house to her and her husband, then it would be awareded one-half to each of them.... which may not be the long term intent of your gift.  Again... I don't want to sound like I'm dooming their relationship....you have probably raised a wonderful daughter to want to do this for her... but you didn't raise her husband and anything could happen. 
I wish you the best with whatever choices you and your husband make.

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