My father and companion are grantors on a Transfer on Death deed. His companion just passed. Can he reissue the TOD to have different grantees? He lives in the property which is located in Oregon. He will move to AL in a week. I have POA.
Your POA pays for the expert advice of an attorney and that's what you need now. Don't trust things of this difficult legal magnitude to the opinions of a bunch of strangers on a Forum (delightful tho we may be). Get expert help. Hope you'll update us and I sure wish you the very best of luck. I am sorry for your recent loss and so glad you are there for your Dad in his loss.
As you probably already know, both the definitive answer to your question (can he reassign?) and the action (to actually reassign) are going to require an attorney. Which I am not.
That said, this article online might be educational – it’s about how to change (revoke) a transfer on death deed. And includes a scenario with two owners/grantors, and what happens when one of the owners dies. In the situation in the article, by right of survivorship in the deed, the remaining owner had the entire property (the transfer on death wasn’t enacted by the death of one owner—the right of survivorship kicked in first).
So I’d imagine that’s the key question: who owns the property right now. If it’s your dad only, I imagine he could change the TOD deed. (Or you, acting on his behalf through the (financial) POA, with the usual disclaimers: “with-his-permission-and-at-his-direction” if competent, “in-his-best-interest” if not competent, and if the power of attorney is written to allow it).
Here’s the article. I mention only so you can have a productive conversation with your attorney.
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That said, this article online might be educational – it’s about how to change (revoke) a transfer on death deed. And includes a scenario with two owners/grantors, and what happens when one of the owners dies. In the situation in the article, by right of survivorship in the deed, the remaining owner had the entire property (the transfer on death wasn’t enacted by the death of one owner—the right of survivorship kicked in first).
So I’d imagine that’s the key question: who owns the property right now. If it’s your dad only, I imagine he could change the TOD deed. (Or you, acting on his behalf through the (financial) POA, with the usual disclaimers: “with-his-permission-and-at-his-direction” if competent, “in-his-best-interest” if not competent, and if the power of attorney is written to allow it).
Here’s the article. I mention only so you can have a productive conversation with your attorney.
https://www.nolo.com/legal-encyclopedia/free-books/avoid-probate-book/chapter5-6.html