Fill and Sign the Transfer Death Deed Form 497319914

© 2016 - U.S. Legal Forms, Inc.       NEW MEXICO TRANSFER ON DEATH DEED [ Two Individuals/Husband and Wife to Two Individuals/Husband and Wife ] Control Number: NM-04-84 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of New Mexico, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Community Property - a form of joint ownership of property between married individuals. When a married co-owner dies their share goes to their heirs as provided in their will or the laws of intestacy. d. Community Property with the right of survivorship - a form of joint ownership of property between married individuals. When a married co- owner dies their share goes to the surviving spouse. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; community property or community property with the right of survivorship. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as Tenants in Common ,” III. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of New Mexico. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Prepared by and, after recording, return to: Name:       Firm/Co.:       Address:       Address2:       City & State:       Zip Code:       Phone:       TRANSFER ON DEATH DEED [Husband and Wife / Two Individuals to Husband and Wife / Two Individuals] KNOW ALL MEN BY THESE PRESENTS: GRANTORS:       and       , husband and wife TRANSFER ON DEATH unto GRANTEES:       , an unmarried individual , and       , an unmarried individual , as       , The following lands and property, together with all improvements located thereon, lying in the City of       , County of       , State of New Mexico, to-wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Prior Instrument Reference: Document No. (10 Digit):       / Book       Transfer on Death Deed Page 1 of 2 Page       . THIS TRANSFER IN DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE OWNER OR, IN THE CASE OF JOINT OWNERSHIP, THE DEATH OF THE LAST SURVIVING JOINT OWNER. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THE OWNERS FOR THIS INTEREST IN REAL PROPERTY. DATED:       (1 st Grantor’s Signature) (2 nd Grantor’s Signature)             Print Name Print Name COUNTY OF       , STATE OF NEW MEXICO The foregoing instrument was acknowledged before me this       day of       , 20       , by       . My Commission Expires:       Notary Public COUNTY OF       , STATE OF NEW MEXICO The foregoing instrument was acknowledged before me this       day of       , 20       , by       . My Commission Expires:       Notary Public Transfer on Death Deed Page 2 of 2 EXHIBIT A Grantors:             Grantees:             Legal Description:       Transfer on Death Deed Exhibit A