The State of the States: 2025


State legislatures and courts have been very busy on several trust and estate-related fronts. Here’s an update on some key planning developments across the country, through Nov. 30, 2025.

Transfer on Death Deeds

A transfer on death deed (TODD) is a legal mechanism that allows property owners to name a beneficiary to inherit real estate directly on the owner’s death, bypassing the probate process. TODDs are popular for their efficiency, enabling straightforward transfers of property at death while allowing the owner to retain full control of the property during their lifetime, with flexibility to sell or mortgage the property or modify the beneficiary designation as they see fit. There are typically no gift tax consequences associated with…





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