Serving Maryland & Washington, D.C.
Deed Transfers
Your home is likely your most valuable asset. Making sure it's properly titled — and protected — is one of the most important steps in your estate plan.
Deed Transfers — Real Property Planning
Why your deed matters for estate planning
A trust that doesn't include your home isn't doing its job. Real property held in your personal name — not in a trust — must go through probate when you pass. That means court involvement, delays, and public filings, even if you have a comprehensive trust plan.
A deed transfer moves your property into your trust (or to a designated beneficiary) so it passes exactly as you intend — without probate, without court, and without delay.
Types of deed transfers I handle
Transfer into a Revocable or Irrevocable Trust
Most commonThe most common deed transfer in estate planning. Your home is re-titled from your personal name into your revocable living trust — or an irrevocable trust for asset protection or Medicaid planning — so it passes to your beneficiaries without probate.
Transfer on Death (TOD) Deed
Maryland & D.C.Maryland and D.C. allow a "transfer on death" deed that names a beneficiary to receive the property automatically at your death — without probate and without giving up control during your lifetime. While available, this option has limitations and may not be right for every situation.
Life Estate Deed
Medicaid planningYou retain the right to live in and use the property during your lifetime. At death, ownership passes automatically to the named remainderman. Often used in Medicaid planning.
Deed to a Beneficiary
GiftingTransfer property directly to a child, family member, or other beneficiary — either as a gift during your lifetime or as part of a broader estate plan.
Correction or Curative Deed
CorrectionsFix errors in an existing deed — incorrect names, legal descriptions, or vesting language — before they cause problems in a future sale or transfer.
What's included in a deed transfer
Title review
Review the current deed and confirm ownership, vesting, and any liens or encumbrances.
Deed preparation
Draft the new deed with accurate legal description, correct vesting language, and proper grantee designation.
Execution
Coordinate signing with all required parties, notarization, and any required witnesses.
Recording
File the deed with the appropriate county land records office in Maryland or D.C.
Confirmation
Provide you with a recorded copy of the deed for your records.
Tax filings
Prepare any required transfer and recordation tax forms (exemptions often apply for trust transfers).
Common mistakes to avoid
Transferring property without reviewing your mortgage
Some mortgages have "due on sale" clauses. Transfers into a revocable living trust are generally exempt under federal law, but it's important to confirm.
Using online deed templates
An incorrectly drafted deed can cloud your title, create tax problems, or fail to accomplish the transfer at all. Maryland and D.C. have specific requirements.
Forgetting to update your homeowner's insurance
After a deed transfer, notify your insurance company to ensure the trust is listed as an additional insured.
Transferring property without considering Medicaid implications
Certain transfers can trigger a Medicaid look-back period. If long-term care planning is a concern, we'll discuss the right strategy before any transfer.
Why you need to check your deed
Title problems, outdated ownership records, and deed errors are more common than most people realize — and they can derail a sale, a refinance, or an inheritance. Watch this short video to understand what to look for and how to fix it before it becomes a crisis.
Deed transfers as part of your estate plan
A deed transfer doesn't happen in isolation — it's one piece of a complete estate plan. Watch to understand how transferring property fits into protecting your home, your family, and your legacy for the long term.
Common questions
Will transferring my home into a trust affect my property taxes?
In most cases, no. Transfers into a revocable living trust are generally exempt from transfer and recordation taxes in Maryland and D.C., and do not trigger a reassessment for property tax purposes. We'll confirm the specifics for your situation.
Can I still sell my home after transferring it into a trust?
Yes. As the trustee of your own revocable trust, you retain full control to sell, refinance, or otherwise deal with the property exactly as you could before the transfer.
What if I own property in multiple states?
Each state has its own deed requirements and recording process. I handle Maryland and D.C. properties directly. For properties in other states, I coordinate with trusted local attorneys across the country to ensure your out-of-state real estate is properly transferred into your trust — so your entire estate plan works together, regardless of where your property is located.
Do I need a deed transfer if I already have a will?
A will does not avoid probate — it goes through it. If you want your home to pass without probate, you need either a deed transfer into a trust, a transfer on death deed, or another non-probate mechanism.
Other Practice Areas
Ready to get started?
I'll walk you through your options — no pressure, no jargon. Just a plain conversation about protecting what matters most.