TOD = Transfer of Death POD = Payable on Death Last week, I posted on the use of trusts to avoid U.S. probate. I received the following question on Facebook from Na Hauser: Do you need to go to probate and a will if you sign a TOD with the investment company? Great Question! Here are some reasons why a Trust works better than a TOD: 1) TODs Do Not Handle Incapacity A TOD only transfers property after death. If the owner becomes incapacitated, a TOD does nothing. The account

Many of my clients are sophisticated business people and professionals. Despite having many medical doctors and PhDs on my client roster, I still hear some legal theories that are flat-out wrong. I’ll examine some common ones that apply to contracts: A contract needs to be in writing. For most contracts, this is just plain wrong. There are limited exceptions- contracts governed by the Statute of Frauds- the most common example being the sale of real estate. Here is what we le