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Indiana Legislation Addresses TOD Insurance Gap

June 17, 2024

Transfer on death (TOD) deeds are a commonly used estate planning tool intended to avoid probate. While they can effectively transfer ownership of real estate without a probate proceeding, there are drawbacks to their use. One such drawback is illustrated by a case from Minnesota titled Strope-Robinson v. State Farm Fire and Casualty Company. In that case, Ms. Strope-Robinson became the owner of her uncle’s property pursuant to a TOD deed. The uncle had insured the property, and the niece assumed the insurance would continue to provide coverage after his death. A week after the uncle’s death, the house caught fire. The insurance company denied coverage on the basis that the policy was not issued to the owner (the niece). The insurance company successfully argued that, because the title to the property passed immediately and directly to the niece upon the uncle’s death, neither the uncle nor his estate had an insurable interest in the property. As a result, the coverage paid for by the uncle was not available to the niece, and there was no insurance coverage for the fire damage.

House Enrolled Act 1034, passed and signed into law during the most recent legislative session of Indiana, attempts to address this problem, although not immediately. For transfers that occur on or after January 1, 2025, the law will require insurance companies in transfer on death situations to continue coverage for a period of time of between 30 and 60 days, thus allowing the new owner the opportunity to secure insurance coverage of their own.

It is noteworthy that it does not go into effect until 2025. In the meantime, those who have transfer on death deeds as part of their estate plan should check with their insurance agent or company now to make sure that there is a continuing period of coverage for the transfer on death beneficiary.

If you have any questions or concerns regarding this matter, please contact Randy Hesser or any of the other attorneys at Warrick & Boyn, LLP. 

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Warrick & Boyn, LLP

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Elkhart, Indiana 46516
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Warrick & Boyn, LLP

3 days ago

Warrick & Boyn, LLP
It was a great day out for the team recently when we attended the Elkhart City Bar Association's Law Day. Warrick & Boyn attorney, Rachel Schnetzler, took part in planning the event, and we are grateful to the Hon. Michael G. Gotsch Sr. for providing the enlightening keynote address. And thanks to Antonios Italian Ristorante for the delicious lunch! ... See MoreSee Less
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Warrick & Boyn, LLP

5 days ago

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Nothing beats getting out and connecting with the businesses and organizations that make Michiana so special! Our attorneys, Chris Pottratz, Rachel Schnetzler, Jamie Richardson, and Ashli Hunsberger, had a fantastic time last week at the Nuway Construction 50th anniversary open house. Fifty years of building excellence in our community is certainly something to celebrate!And we're tremendously proud of our attorney, Ashli Hunsberger, who recently put her talents to work for a great cause! Ashli was part of a team of local professionals who organized the Women's Empowerment Brunch, benefiting Rose Garden Recovery Community, at the beautiful Hotel Elkhart, Tapestry Collection by Hilton. When business professionals step beyond the office to engage in our community, everyone benefits. At Warrick & Boyn, we are proud to invest our talents in causes that strengthen the fabric of Michiana, reflecting our firm's century-long commitment to both business excellence and community spirit across Michiana. ... See MoreSee Less
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