Transfer on Death Instruments, or TODIs, have become a popular estate planning tool in Illinois. They allow real estate to pass directly to named beneficiaries when the property owner dies, all without the need for probate. But what happens if the deceased
owner had unpaid debts and the property transferred through the TODI is the only substantial asset? Can creditors go after the property? Do beneficiaries have to pay off those debts? Under Illinois law, the answer isn’t as simple as many assume.
A TODI is a legal document that enables a property owner to designate someone to receive real estate automatically at death. It’s similar to naming a beneficiary on a bank account or life insurance policy, but it applies to real property, often a primary residence.