Thinking about using a Transfer on Death Deed (TODD) in New Hampshire? Read this first.

A Transfer on Death Deed is often promoted as an inexpensive alternative to a trust for passing real estate to a loved one. New Hampshire's TODD statute is relatively new and was enacted without input from the New Hampshire Bar Association.

While a TODD transfers title upon death, there's an important limitation that many people don't know about: the beneficiary generally will not receive marketable title without a probate proceeding for two years after the owner's death. In practical terms, that can mean they are unable to sell the property during that time.

A TODD may be appropriate in some situations, but it is not the simple trust substitute that it is often advertised to be.

Before you sign one, I'd be happy to discuss whether there's a better way to pass your property to the people you love.