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Hear this out loud PauseBetter yet, the deed is not irrevocable?as some trusts are. The property owner can change their minds. They can sell the property without the remainderman's consent or even revoke the deed.
Hear this out loud PauseA transfer on death deed trumps a will. o If you make a will at some point in the future that gives the property to a different person than the beneficiary listed in this transfer on death deed, that provision does not override the deed. The beneficiary named in this transfer on death deed still gets the property.
Hear this out loud PauseA gift, if valid, is a legally enforceable transfer under general contract law. That means, if a gift meets all of the legal elements of a valid gift, then the gift is enforceable and cannot generally be rescinded and revoked.
Hear this out loud PauseThese two classes of ?Dirty? deeds are treated differently ? and with differing criteria for setting them aside ? based upon whether they are categorized as ?forged? or ?fraudulent.? Under Texas law, a forged deed is void. However, a deed procured by fraud is voidable rather than void.
Good to know: Beware that a Gift Deed cannot be revoked. Once the property is given away, you cannot get it back unless the person who received it transfers it back.
In the Gift Deed, it should be specified that there is no money exchange or any other kind of consideration involved, and the transfer is made out of love and affection. If it is important to how small the consideration is, it will not be treated as a gift.