05/24/2026
⚖️ A TOD deed and a revocable living trust both transfer your home outside of probate, but they do very different things.
A TOD deed names a beneficiary directly on the deed. It is revocable at any time, costs as little as $20-$100 to record in most states, and heirs receive a full step-up in basis at death, which can eliminate capital gains on decades of appreciation.
A living trust holds the home plus any other asset you fund into it. It also names a successor trustee to manage everything if you become incapacitated, which a TOD deed cannot do.
TOD deeds are available in roughly 29 states. Florida, Michigan, Texas, Vermont, and West Virginia allow a similar tool called a Lady Bird deed. Outside these states, a living trust is the primary probate-avoidance option for a home.
If the home is your main asset and your state allows a TOD deed, the deed is often sufficient. If you have investment accounts, multiple properties, or incapacity is a real concern, a trust covers more.
Adding a child to the deed as a joint tenant is not equivalent to either tool. It transfers partial ownership immediately, exposes the home to the child's creditors, and eliminates the step-up in basis. A child who inherits under joint tenancy and sells could owe capital gains on the full appreciation since you bought the home.
Neither tool fully protects a home from Medicaid estate recovery in most states. That requires an irrevocable trust funded more than five years before a Medicaid application.
P.S. Every Friday I send a short email with the week's top post, my take on the best article I read, and what I'm writing about on the site. Link in the comments.
The content shared here is for educational and informational purposes only. It is not personalized investment, tax, legal, or financial advice. Consult a licensed professional before making decisions based on your specific situation.