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    CarylJConnaway's Avatar
    CarylJConnaway Posts: 1, Reputation: 1
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    #1

    May 10, 2010, 12:42 PM
    How can I revoke a 'transfer on death' deed in Texas that has been recorded?
    My Mom wants to change the beneficiary of a Gift Deed of property recorded in a TOD in her Will. How can she revoke this in Texas?
    adthern's Avatar
    adthern Posts: 282, Reputation: 28
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    #2

    May 10, 2010, 02:10 PM

    First, check with an attorney whose admitted to the bar in tx as I am not.

    Generally, a will is not effective until the testator has died, so it should be a matter of either rewriting the will or adding a codicil (change) to the will. But, it is important that she discuss it with an attorney in the jurisdiction who can advise her of all the legal pitfalls. Maybe there is an attorney from Texas here that can give her actual legal advice.

    Best of luck!

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    Disclaimer: This does not constitute legal advice and is merely the opinion of the writer.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    May 10, 2010, 03:00 PM
    Quote Originally Posted by CarylJConnaway View Post
    ... a Gift Deed of property recorded in a TOD in her Will. ...
    Explain further, please. Is it a deed or is it a clause in or attachment to her will? And what is a "TOD"?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 10, 2010, 03:46 PM

    I will "guess" transfer of deed" the issue with that is that the deed itself will have to be merely in their name. The easiest way is to do a joint deed prior to death that allows the transfer without going though probate.

    But unless it was put into some trust or life estate, she should be able to merely write a new will to change the old one

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