Signature: ____________________________

Printed name: _________________________

ACKNOWLEDGMENT

State of _______________    County of ________________

This record was acknowledged before me on the ___ day of ___, 20__, by

___________________________________

    Signature of notarial officer

    Title of office

    Stamp

    My commission expires: ________”.

    (d)    The following informational sheet may be used to explain the form for transfer–on–death deed:

COMMON QUESTIONS ABOUT THE USE OF THIS FORM

    THIS INFORMATIONAL SHEET SHOULD NOT BE RECORDED WITH A TRANSFER–ON–DEATH DEED AT THE DEPARTMENT OF LAND RECORDS IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT.

    Should I consult an attorney prior to completing this form? It is always recommended that you speak with an attorney before signing a deed, and this form may not be appropriate for all circumstances. This form may not be appropriate if your name is not on the current deed to the property, your current legal name is different than your name on the current deed, you own the property with other individuals, or you want to name multiple people to inherit your property together.

    What does the transfer–on–death deed do? When you die, this deed transfers the described property, subject to certain security agreements on the property, subject to any liens, mortgages, or other encumbrances on the property at your death. Probate is not required. The transfer–on–death deed has no effect until you die. You can revoke it at any time. You are also free to transfer the property to someone else during your lifetime. If you do not own any interest in the property when you die, this deed will have no effect.

    How do I make a transfer–on–death deed? Complete this form. Have it acknowledged before a notary public or other individual authorized under law to take acknowledgments. Record the form in each county where any part of the property is located. The form has no effect unless it is acknowledged and recorded before your death.

    Is the “legal description” of the property necessary? Yes.

    How do I find the “legal description” of the property? This information may be on the deed you received when you became an owner of the property and may be found in a paragraph that starts with the words “beginning” or “being”. This information may also be available in the office of the clerk of the circuit court for the county where the property is located. If you are not absolutely sure, consult a lawyer.

    What happens if I select multiple beneficiaries? If this form names multiple primary and/or alternate beneficiaries and you do not indicate a different form of ownership, the property will be transferred to them as joint tenants with right of survivorship. If you are not sure whether this is the appropriate ownership structure for your beneficiaries, consult with an attorney.

    Can I change my mind before I record the transfer–on–death deed? Yes. If you have not yet recorded the deed and want to change your mind, simply tear up or otherwise destroy the deed.

    Which controls at my death, my will or the Transfer–On–Death Deed? The Transfer–On–Death Deed controls over a contrary instruction in a will.

    How do I “record” the transfer–on–death deed? Take the completed and acknowledged form to the clerk of the circuit court for the county where the property is located. Follow the instructions given by the clerk’s office to make the form part of the official property records. If the property is in more than one county, you should record the deed in each county.

    Does a Transfer–On–Death Deed help avoid inheritance taxes? No. Your beneficiary may need to pay inheritance taxes as a result of the Transfer–On–Death Deed. If you have questions related to inheritance taxes, consult a lawyer.

    Can I later revoke the transfer–on–death deed if I change my mind? Yes. You can revoke the transfer–on–death deed. No one, including the beneficiaries, can prevent you from revoking the deed.

    How do I revoke the transfer–on–death deed after it is recorded? There are three ways to revoke a recorded transfer–on–death deed: (1) Complete and acknowledge a revocation form, and record it in each county where the property is located. (2) Complete and acknowledge a new transfer–on–death deed that disposes of the same property, and record it in each county where the property is located. (3) Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the transfer–on–death deed. You may not revoke the transfer–on–death deed by will.

    I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.

    Do I need to tell the beneficiaries about the transfer–on–death deed? No, but it is strongly recommended. Non–disclosure can cause later complications and might make it easier for others to commit fraud.

    Could a Transfer–On–Death Deed I record today be affected if I divorce later or get married and have children? Yes. If you create a Transfer–On–Death Deed that names your spouse as the beneficiary while you are married and you later divorce or your marriage is annulled, the Transfer–On–Death Deed will be considered to be automatically revoked. Additionally, if you record a Transfer–On–Death Deed naming any beneficiary and later marry and have children with your future spouse by birth, adoption, or legitimation, your Transfer–On–Death Deed will be considered to be automatically revoked.

    As a beneficiary, what do I do once the owner has died? You will automatically receive the property when the owner dies, unless you follow Maryland’s procedure to disclaim your interest. You may wish to execute and record a transfer–on–death notification of death form to show that you are now the rightful owner of the property.

    I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, you are encouraged to consult a lawyer.”.