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Attorney: in Indiana transfer-on-death deeds must be recorded before the grantor dies
Summary
Lori Kemp advised that Indiana transfer-on-death (TOD) deeds must be recorded before the grantor’s death to be valid; beneficiaries should then file a death certificate and affidavit to clear records. Kemp also described types of powers of attorney and cautioned that improperly executed POAs may not be usable for property transfers.
Lori Kemp, founder and attorney of Momentum Title, told Marion County Recorder Faith Kimbrough’s recorded show that Indiana transfer-on-death deeds must be recorded before the grantor dies for the transfer to be effective.
“The short answer is it needs to be recorded before the death,” Kemp said, adding that beneficiaries typically bring the deed and a copy of the death certificate to the recorder’s office after a grantor’s death and may file an affidavit so county records, the auditor and the assessor reflect the change.
Kemp said TOD deeds are a tool that allow an owner to keep full ownership during life and pass real property directly to a named beneficiary at death without probate, but the statutory recording requirement is a necessary step. She advised that a recorded TOD can be revoked and replaced if the grantor changes their mind prior to death.
On powers of attorney, Kemp explained the practical difference between types and the limits that affect real-property transactions. She said some POAs are “springing” and take effect only if the grantor becomes incapacitated, while others take effect immediately; either way, title companies must verify the document’s validity and the principal’s capacity before accepting it for a real-estate transfer.
Kemp described title-office practices for protecting older adults and guarding against fraud and elder abuse: speaking by phone with principals, traveling to nursing homes or assisted-living facilities to confirm understanding, asking how proceeds should be handled, and declining to proceed if the principal appears incompetent or unable to consent. “We’ve even traveled to nursing homes or assisted living to meet with them just to ensure that they understand what's happening,” she said.
Kemp also cautioned against relying on unsigned or improperly executed documents found online. She said title staff sometimes find downloaded POA forms that lack proper notarization or language required to transfer property; in such cases the document may be unusable and a guardian proceeding could be necessary.
No legal citations were provided on air beyond the guest’s reference to the statutory recording requirement; listeners were advised to seek legal counsel for specific cases.
The show recommended that property owners who wish to use a TOD deed record it promptly, keep records updated, and consult an attorney about drafting or revoking TOD deeds and ensuring powers of attorney are executed correctly.
