The New & Improved Transfer on Death Instrument Act

Among Illinois’ new laws taking effect Jan. 1, 2022, the Transfer on Death Instrument (TODI) Act has been significantly amended to better provide another option for clients seeking cost-effective and straightforward ways to transfer real property at death, writes Charles G. Brown in his February 2022 Illinois Bar Journal article, “The New & Improved Transfer on Death Instrument Act.”

Brown, the principal drafter of the new Act, and coauthor Nathan Hinch, were part of an ad hoc ISBA committee that worked on this effort, in coordination with related ISBA practice-area committees, representatives of the National Association of Elder Law Attorneys (NAELA), and representatives of the Illinois Land Title Association. The goal was to update the Act to better serve clients, not just for residential real estate, but for all types of real property and to provide consistency with the recently enacted Illinois Trust Code as it relates to the claims of creditors and statutory claimants of nonprobate assets.

Read the article The New & Improved Transfer on Death Instrument Act in the February issue of the Illinois Bar Journal.