Essentials of Drafting Deeds (On Demand Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Designation Credit: 2.0 Real Estate Law Practice (Designations Information)
Price: $149 (Includes a downloadable audio version.)
Viewable Through: 01/31/2023


A pre-recorded streaming video replay of the August 2019 webcast, Essentials of Drafting Deeds.

Topics Covered

Deeds need to tell both the client’s story and the property’s story—do your deeds do that? Attend this seminar to learn:

  • How to prepare an appropriate deed
  • How to analyze your client’s situation and choose the proper deed to prepare
  • Creditor protection that can be created by proper deed drafting
  • Whether a transfer-on-death deed could achieve the same result for your client whose estate would not otherwise go to probate but for the real property
  • Methods to salvage do-it-yourself deeds and other seemingly deficient writings
  • Tax ramifications in preparation of deeds

In addition, the speaker will provide actual land record examples of what not to do and show what it took to correct them.  

Virtually every Virginia lawyer’s practice touches real estate—drafting proper deeds is essential whether you are an estate planning attorney, a domestic relations attorney, a litigation attorney, or a real estate attorney.

What are the issues that you need to consider prior to drafting a deed?

  • Title holding:
    • Tenants in common
    • Joint tenants with right of survivorship
    • Tenants by the entirety
    • Limited liability companies and other title holding entities
    • Virginia land trust
  • Whether and how to use transfer-on-death deeds and how to create life estates
  • How your client can take advantage of the transfer tax exemptions contained in Title 58.1 without facing the law of unintended consequences
  • Leases are deeds—analysis of leases in excess of 5 years and their enforceability

Covering both basic and advanced issues, this seminar will provide you with an expansive view of the need to evaluate your client’s circumstances. It will discuss how to make the right choice of deed, and the law of unintended consequences when that choice is not properly considered.

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Susan M. Pesner, Pesner Altmiller Melnick & DeMers PLC / Tysons

Susan Pesner’s practice is concentrated in the related areas of real estate and estate planning. She has both written articles and lectured extensively on various topics relating to real estate and its interrelationship with many other areas of the law (domestic relations, estate planning, litigation, etc.). Ms. Pesner is a former chair of the Real Estate Section of the Virginia State Bar (VSB) and stays active with her colleagues in the real estate sections of the American Bar Association, VSB, Virginia Bar Association, and Fairfax Bar Association. She was the recipient of the coveted Traver Scholar Award (2008) for her contribution to the education of real estate lawyers. She is an AV-rated attorney, been named to Super Lawyers (Real Estate) since 2006, Influential Women in Law (inaugural class 2019), Virginia Legal Elite, Virginia Top Lawyer, and Washingtonian’s Best Lawyers.

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