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


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