The Illinois Transfer on Death Instrument: What is It, and Why Do You Need It?

Web Admin - Monday, July 24, 2017

Arlington Heights wills and trusts attorneysOne of the more frustrating aspects of estate planning is the risk of probate. In fact, most estate owners will do anything they can to prevent it from happening. They know that it can lower the estate’s overall value, and they would prefer that those assets go to their beneficiaries. If one of the items they want to transfer upon death is real estate, owners can opt for the Illinois Transfer on Death Instrument (TODI). What is this estate planning document, and when should you use it? The following information explains, and it provides details on how to determine if it may be appropriate for your estate planning needs.

What is the Transfer on Death Instrument?

Covered under the Illinois Residential Real Property Transfer Act, TODI documents lets owners transfer real estate property to their beneficiaries upon death, without the risk of probate. It does this through a non-testamentary transfer. Able to be used by single and joint owners, these documents have many of the same requirements as will drafting (owner must be of sound mind and not under duress, document must be prepared by the owner or an attorney, etc.), but they do not necessarily replace a will for owners with expansive estates.

Meeting the Validity Requirements

A Transfer on Death Instrument may be signed either by a single owner, or jointly. Keep in mind that it does not have to be signed by all owners, but it does not remove joint tenancy if another owner has not signed it. A TODI must also comply with all deed requirements, and it must state that the property transfers upon the owner’s death (or owners’, if joint signed). Further, the document must be recorded in the county or counties in which the property is located. Should the owner ever want to revoke the TODI, they are permitted to do so. However, if the TODI is joint signed, both parties must revoke the transfer to be considered a valid revocation.

Should You Use One?

There are many complexities and nuances in estate planning, and any one of them could determine whether a TODI is right for your situation. As such, it is highly recommended that estate owners seek legal assistance with their estate planning needs. Contact Drost, Gilbert, Andrew & Apicella, LLC. Skilled and experienced, we can help you find the creative solution that is most suitable for your needs. Schedule a personalized consultation with our Arlington Heights wills and trusts lawyers to learn more. Call 847-934-6000 today.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Recent Posts


trucking accidents Barrington attorney marijuana crimes attorney Palatine drug lawyer Illinois workplace discrimination attorney real estate employee misclassification Inverness personal injury attorney Buffalo Grove personal injury attorney insurance agent negligence gift taxes drug crime Barrington criminal defense lawyer insurance claim Palatine personal injury lawyer real estate closing Illinois medical malpractice claim estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Palatine traffic accidents golf accidents Illinois small business car accident lawyers compensatory time internet Federal Food Drug and Cosmetic Act Rolling Meadows tax attorney Illinois tax attorney Des Plaines real estate attorneys Illinois trucking safety Illinois Rolling Meadows employment law attorney Illinois job attorney preventing accidents uninsured motorist insurance claims mass shooting Illinois rollover accident lawyers Barrington personal injury attorney Des Plaines criminal attorney manufacturing Rolling Meadows car accident lawyers rest breaks independent contractor special needs trust Crystal Lake employment lawyer Des Plaines personal injury lawyers advance healthcare directive Chicago traffic lawyer comp time life insurance forming a corporation in Illinois Family Medical Leave Act Des Plaines motorcycle accident attorney Rolling Meadows DUI lawyer dynasty trusts Schaumburg insurance lawyers Des Plaines real estate attorney Illinois personal injury lawyers investment property Illinois traffic attorneys healthcare claims car crashes Illinois red light cameras no contest clauses estate tax Rolling Meadows estate planning attorney estate planning attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois civil litigation lawyer Schaumburg car accident attorney probate process Illinois home inspection Chicago employment lawyer Whistleblower Claims rollover accidents Illinois speeding lawyer rumble strips Illinois driving without license Landlord Tenant Ordinance insurance denial appeals Deer Park motorcycle accident lawyer right to work swimming pools low-ball insurance settlement Schaumburg real estate lawyer Schaumburg injury lawyer Des Plaines medical malpractice attorney pain and suffering Des Plaines insurance attorney Chicago lawyer Crystal Lake medical malpractice law firm pedestrian-automobile accident Buffalo Grove medical malpractice lawyers Illinois employment law attorney BUI Palatine traffic lawyer marijuana fatal car accidents Chicago employment attorney Illinois collections attorney digital information Rolling Meadows medical malpractice lawyers Buffalo Grove car accident lawyer changes to mortgage law workers comp BAIID commercial leasing insurance claim dispute pedestrian accident in terrorem provision blood alcohol content Schaumburg estate planning lawyer estate planning for college students car crash injuries murder defense health insurance dispute liability claims Affordable Care Act Palatine insurance lawyer murder IRA trust transfer Illinois elder law attorney medical malpractice claims digital media accounts, estate planning, Arlington Heights estate planning attorney, guardianship attorney Illinois boating accident lawyer revenge porn DUI attorney Crystal Lake medical malpractice lawyer small business South Barrington real estate attorney overtime violations healthcare driving car collision civil litigation Rolling Meadows Arlington Heights personal injury attorney Illinois traffic laws Rolling Meadows Attorney bicycle accidents life insurance claims federal regulations for LLCs traffic violations defense Des Plaines injury law firm Deer Park traffic accident attorney probate capital gains tax Palatine corporate attorney Illinois insurance disputes denial of life insurance eluding a police officer rent to own real estate contracts Illinois car accident attorney Palatine law firm Crystal Lake pedestrian accident lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Arlington Heights wills and trusts lawyer consent to a search Illinois construction accident attorney fiduciary rule Illinois employment law attorneys IRA benefits insurance negligence pet law problem employees workplace sexual harassment Palatine employment lawyer car crash Crystal Lake injury attorney creditors personal injury lawyer Schaumburg drug defense lawyer Buffalo Grove insurance claim dispute lawyers privacy laws blended families insurance agents Mount Prospect wills and trusts lawyers insurance attorney traumatic brain injury Crystal Lake traffic attorney college kids contracts Rolling Meadows insurance dispute lawyers, insurance dispute dealing with problem employees Des Plaines real estate lawyer Barrington civil litigation attorney Illinois estate planning law firm insurance disputes Buffalo Grove corporate attorney car accident lawyer real estate contract Illinois Transfer on Death Instrument loss of consortium Home Remodeling Repair Act brain injury sole proprietorship Illinois traffic accident lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys real estate attorney motorcycle accident liability Palatine employment law lawyer criminal bicycle dooring accidents Schaumburg home inspection lawyer Buffalo Grove probate lawyer Crystal Lake personal injury lawyer Illinois jet ski accident lawyer auto accidents traffic offenses Arlington Heights Attorney Schaumburg employment attorney Illinois defective products attorney involuntary manslaughter Illinois real estate lawyer first degree murder Illinois registered agent pizza emoji speeding Rolling Meadows traffic attorney commercial real estate personal injury claims Illinois Smoke Detector Act traffic laws pet bites Rolling Meadows personal injury lawyer Crystal Lake pet attorney texting and driving wrongful termination Illinois injury lawyer Mt Prospect Attorney Palatine workers compensation lawyer disability benefits corporate law Policy Cancellation medication errors Illinois employee rights attorney. BAC startup company Des Plaines personal injury attorney Class A misdemeanor Arlington Heights personal injury lawyer Schaumburg wrongful death attorney Illinois workers compensation attorney insurance claim delay breathalyzer test operating agreements Chicago insurance claim attorneys employment lawyer Rolling Meadows business lawyer paid sick leave Palatine punch death pedestrian injuries, pedestrian fatality spinal cord injuries Schaumburg personal injury lawyers Illinois personal injury lawyer commercial leases business litigation insurance dispute attorney Crystal Lake tax lawyer Barrington medical malpractice lawyers Chicago estate planning Barrington personal injury lawyer Home Sale Contingencies car accidents Illinois medical malpractice attorney Chicago car accident lawyer drunk driving statistics estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, drugs Illinois real estate power of attorney Des Plaines DUI attorney Inverness probate lawyer employment contract personal injury claim Arlington Heights wills and trusts attorney Palatine trusts lawyer Forcible Entry underinsured motorist Barrington boating accident attorney traffic accidents trucking accident lawyers overtime pay Fourth of July Inverness civil lawyer Arlington Heights accident attorney Colin H. Gilbert Illinois criminal defense attorney Arlington Heights injury attorney Crystal Lake law firm Des Plaines Traffic Lawyer unpaid assessment Kenilworth estate planning lawyer Arlington Heights insurance attorney Rolling Meadows litigation lawyer spinal cord injury Schaumburg Attorney Illinois employment laws Illinois insurance lawyer probate claims process child safety Deer Park medical malpractice attorney Illinois personal injury mortgage Employment Discrimination Law insurance dispute Arlington Heights tax lawyer Palatine probate lawyer premises liability Schaumburg elder law lawyer Des Plaines collections attorney cell phone tower data estate planning Legal Info Palatine elder law attorney back injuries Palatine real estate lawyer unauthorized overtime institutional trustee Illinois medical malpractice lawyers Crystal Lake car accident lawyer Des Plaines drug lawyer Inverness real estate lawyer Rolling Meadows insurance attorney Illinois personal injury attorney Illinois probate lawyer Arlington Heights traffic attorney real estate leasing Schaumburg estate planning attorney Detainer Actions caregiver vacation home fines icy parking lots insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys modern family estate planning unpaid overtime estate planning lawyer Palatine criminal defense lawyer Illinois Workers’ Compensation Commission condo Illinois Probate Act of 1975 DUI Illinois insurance claim dispute lawyer Schaumburg probate attorney IRS Fair Labor Standards Act homestead rights estate plan Palatine employment attorney Buffalo Grove criminal defense lawyer Arlington Heights Traffic Lawyer Crystal Lake employment law attorney traffic violations license suspension LLCs jet ski Exclusions Arlington Heights trucking lawyer workers compensation benefits Deer Park employment law attorney Crystal Lake car accident attorney irrevocable trust employee rights Illinois wills and trusts Schaumburg criminal attorney estate planning trusts drunk driving Barrington estate planning lawyer Rolling Meadows probate lawyer social media after death insurance claim dispute attorney minimum wage Des Plaines accident attorney boating DUI digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers drug crimes lawyer Illinois employment law firm traumatic brain injuries work unions Deer Park criminal attorney defective products insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys personal injury attorney Rolling Meadows insurance dispute lawyers Illinois business lawyer food poisoning Rolling Meadows boating crash lawyer Arlington Heights pedestrian accidents accidental death benefits Illinois workers compensation lawyer Rolling Meadows personal injury attorney Illinois attorney Kenilworth estate planning attorneys drug possession surgical mistakes sexual images severance agreements Do Not Resuscitate Illinois traffic attorney Inverness insurance attorney Inverness injury lawyer Crystal Lake medical malpractice attorneys Chicago estate planning lawyer Illinois employment attorneys living trust vs will Illinois employment law employees trench injuries Arlington Heights real estate lawyer Barrington Traffic Lawyer breach of contract Colin Gilbert DNR Arlington Heights medical malpractice lawyer Arlington Heights car crash attorneys wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace comparative negligence digital evidence Illinois lawyer crossover accidents Chicago will attorney real estate lawyer Liquor Control Act Palatine construction attorney license reinstatement power of attorney for healthcare Schaumburg employment law attorneys slip and fall Inverness accident lawyer Barrington Illinois estate planning lawyer Riverwoods estate planning lawyer Palatine injury attorney tax attorney landlord foreclosed rental property employment attorney Illinois insurance claim dispute lawyers Long Grove wills and trusts attorneys Rolling Meadows traffic law firm medical malpractice compensation Rolling Meadows employment attorney Barrington injury attorney construction accidents underfunded trust gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois DUI attorney cell phone Crystal Lake employment attorney Barrington litigation attorney Chicago trucking accident attorney Illinois trusts attorney whistleblower protections attorney fees products liability Barrington workers compensation attorney Schaumburg traffic lawyer Illinois insurance claims lawyers employee discrimination Inverness estate planning lawyer Chicago corporate attorney Deer Park real estate law firm Kenilworth estate planning attorney School Visitation Rights Act probate fees Des Plaines personal injury lawyer Rolling Meadows marijuana attorney Buffalo Grove injury lawyer Retaliatory Discharge preventable medical errors Thanksgiving medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois business law atorneys underage DUI elder law fault based insurance Arlington Heights wills and trusts lawyers living trust agent personal injury law firm Illinois insurance dispute lawyers installment contracts natural gas Buffalo Grove traffic attorney Rolling Meadows accident lawyer cell phone accidents unfunded trust defective products lawyer wills and trusts estate attorney Illinois wrongful termination lawyer appealing an insurance claim Inverness elder law lawyer Arlington Heights car accident lawyer motorcycle accident lawyer Rolling Meadows employment law attorneys Illinois traffic ticket lawyer Des Plaines tax law firm nursing home negligence Palatine estate planning lawyer Crystal Lake estate planning lawyer traffic deaths filing a medical malpractice claim Schaumburg corporate attorney Schaumburg construction accident lawyer probate claims Illinois estate planning attorney license denied insurance claim pedestrian accidents rollover car crashes probate lawyer Barrington real estate lawyer Barrington estate planning attorney Des Plaines drug crimes lawyer Palatine business attorney Illinois living will Buffalo Grove law firm Rolling Meadows Traffic Lawyer Illinois pet lawyer dog bites DMV slip and fall accidents digital assets pay when paid contract Illinois law construction contracts medical malpractice DUI defense Crystal lake insurance dispute attorney ObamaCare FMLA Palatine corporate law attorneys Long Grove estate planning Illinois workplace lawyer criminal record hiring employees trauma after an accident Illinois Sales Representative Act field sobriety test Illinois Human Rights Act Crystal Lake business law attorneys expungement life insurance lawyer ACA civil rights violation Chicago biking tips fiduciary rule delay Inverness corporate attorney IRELA TBI controlled substance employment law, Illinois employment laws real estate zoning Crystal Lake will lawyer Schaumburg civil litigation attorney Schaumburg estate attorney Des Plaines claims law firm Barrington criminal lawyer reckless homicide bike accident Des Plaines pet law attorney Schaumburg medical malpractice lawyer Crystal Lake criminal defense attorney distracted driving accidents bad faith insurance claims Barrington drug crime attorney workers compensation wage theft financial advisors elder abuse Illinois mortgages sexual harassment Chicago insurance law firm Illinois will lawyer Joliet general practice lawyers Barrington employment law firm natural gas explosion Buffalo Grove personal injury lawyer Crystal Lake accident attorney Illinois motorcycle accident lawyer GM ignition switches medical marijuana Crystal Lake civil litigation lawyer CAM Crystal Lake personal injury attorney Illinois insurance attorney Rolling Meadows drug defense attorney boating under the influence hit and run accident hands free device Crystal Lake insurance lawyer Arlington Heights employment law attorneys personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys income distribution deducation personal injury accidents Deer Park workers compensation lawyer automated cars car accident Chicago will attorney, social media platforms, Illinois estate planning lawyer, PTSD anesthesia errors job lawyers Arlington Heights employment attorney jet ski accidents Illinois medical malpractice case Illinois wills and trusts attorneys suspended license Buffalo Grove employment lawyer Arlington Heights estate planning attorney Illinois pedestrian accident attorney Food and Drug Administration's Food Safety Modernization Act Schaumburg personal injury lawyer Illinois estate planning Deer Park accident attorney life insurance policy Rolling Meadows insurance lawyer Long Grove estate planning attorneys pregnant women employment law Buffalo Grove traffic lawyers insurance adjusters Illinois employment lawyer Inverness traffic law firm Rolling Meadows real estate attorney residential real estate Inverness DUI lawyer wrongful death Arlington Heights TBI attorney Barrington employment law attorney product liability insurance claim denial Long Grove real estate lawyer Rolling Meadows personal injury lawyers Deer Park personal injury lawyer insurance claim denials Long Grove real estate attorney senior citizens ken apicella denied insurance claims Rolling Meadows criminal attorney DGAA Mount Prospect real estate lawyer insurance denials Illinois LLC creation FSLA Palatine civil litigation lawyer Illinois bicycle safety Jay Andrew living wills Illinois insurance claim attorney Illinois Wage Payment and Collection Act Super Mario llinois Real Estate Lawyers Association trust payments Palatine Attorney Schaumburg criminal law attorney personal injury Arlington Heights wills and trusts attorneys privacy Mount Prospect elder law attorney federal crimes Buffalo Grove real estate attorney Arlington Heights criminal lawyer murder charges POA subcontractor drug crimes criminal law Rolling Meadows corporate lawyer Illinois corporate lawyer dram shop law civil litigation attorney Deer Park traffic lawyer owner responsibility license revocation trusts loopholes new real estate form deadly crashes landlord tenant law Palatine civil attorney distracted driving accident victims traffic tickets holiday statistics Arlington Heights lawyer medical research meal breaks South Barrington real estate lawyer caretaker rights Barrington employment attorney condo association DUI penalities liens Chicago attorney head on collisions Attorney Ken Apicella Barrington business law firm living trust benefits criminal defense Deer Park DUI lawyer boating accidents clemency Crystal Lake traffic lawyer vacation home truck collisions trustee taxes Schaumburg personal injury attorney Crystal Lake bike accident lawyer deed transfer traffic crimes wills Rolling Meadows criminal lawyer Des Plaines civil attorney Self-Directed IRA Accounts Inverness real estate attorney Transfer on Death Instrument foreclosure texting while driving Long Grove estate planning attorney