Finance
When leaving the house to your heirs backfires
‘Mansion Global’ host Katrina Campins discusses the best time to put property on the market on ‘The Claman Countdown.’
Americans have trillions of dollars of wealth locked up in their homes, and passing it on at death can get messy quickly.
The typical way of outlining who should get the house in a will can cause delays after death—so much so that most states have set up a new way for homeowners to document their wishes. It is called a transfer on death deed, and it has taken off in the past 15 years. New York and New Hampshire added the option last year.
These are blunt instruments, however, and they don’t account for all the complications of life. People make mistakes filling out the forms. Heirs get cut out inadvertently. The overall estate plan can conflict with the deed.
AMERICA’S HOUSING CRISIS: REALTOR.COM CEO SAYS THERE IS WAY TO SOLVE IT
Americans have trillions of dollars of wealth locked up in their homes, and passing it on at death can get messy quickly. (iStock)
And then it can go really wrong.
A Minnesota man named his niece as the beneficiary on one of these forms, but his ex-wife torched the home a few days after he died. That left his niece with just the land, and she lost a fight to get the insurance proceeds for the house. Courts ruled that he was the one insured but the form made the niece the sole owner, and the insurance didn’t cover her.
More people are having to decide whether to sell a home that has soared in value and pay a big capital-gains tax bill, or hold on to it to give to their children tax-free after they die.
Baby boomer homeowners hold $17 trillion in home equity. Three-quarters of them are planning to leave their current home or the proceeds from its sale to their children or other relatives, according to Freddie Mac.
Baby boomer homeowners hold $17 trillion in home equity. (iStock)
“There are so many pitfalls that you can step in,” said Frank Pugh, a lawyer in Leesburg, Va.
Traditionally, people with wealth write a will to outline what they want to happen with their property when they die. After death, a court then supervises the transfer of assets, a process known as probate that can be time-consuming and expensive.
To avoid probate, some people will set up a trust, and put their home and other assets in it, with detailed instructions for the trustee. But trusts, whereby the trustee distributes assets at death without court involvement, require attention to make sure assets are titled properly.
IS THE US HOUSING MARKET BECOMING A BUYER-FRIENDLY MARKET?
Transfer on death deeds were created as a no-fuss option to avoid probate. It is akin to listing a beneficiary on a 401(k) or on a payable-on-death form for a brokerage account. When the homeowner dies, the beneficiary named on the deed gets the house right away.
“It’s the difference between off-the-rack and custom tailoring,” said Thomas Gallanis, a professor at George Mason University’s law school who was the principal drafter for a model law on TOD deeds in 2009.
Rules vary by state, but in most cases the deed needs to be notarized and recorded at the local courthouse where the property is located.
Rules vary by state, but in most cases the deed needs to be notarized and recorded at the local courthouse where the property is located. (iStock / iStock)
Homeowners can revoke a transfer on death deed at any time—which is unlike adding someone to a deed as a joint owner.
Lawyers use these deeds often, typically in conjunction with a trust, said Jen Gumbel, an estate planner in Rochester, Minn. She has seen deeds being invalidated because do-it-yourself owners fill them out themselves, failing either to describe the property accurately or to get a spouse to sign off. “These are really technical documents,” she said.
States are still making tweaks to the deed laws. Minnesota updated its law last year in response to the case in which the owner’s ex-wife torched the house. Beneficiaries are now covered by insurance for up to 30 days, as long as the owner gave a copy of the deed and beneficiary information to the insurer before dying.
Things can get more complicated when there is outstanding debt on the property. Skyler Woodard, a 32-year-old welder, has been in a fight for the roughly 200-acre family farm in Nodine, Minn., since 2018, when his father died of cancer.
GET FOX BUSINESS ON THE GO BY CLICKING HERE
His parents bought the farm on a rent-to-own contract from his maternal grandparents in 1994. His father got it in a divorce settlement in 1999, and continued making the payments to the grandparents. His father named Woodard as beneficiary of the farm on a transfer on death deed, but the grandparents asserted it violated an anti-transfer provision in the contract and canceled the contract. The Minnesota Court of Appeals agreed with the grandparents, allowing them to take back the farm. The state Supreme Court declined to review the case.
“He was trying to give me the farm,” Woodard said. He is pursuing an unjust enrichment case against his grandmother now, because his father had made payments on the farm for 23 years. The lawyer for the grandmother had no comment.
A transfer on death deed might successfully pass along the house but still complicate how expenses, debts and taxes are paid, said Stacy Singer, national practice leader for trust and wealth advisory services at Northern Trust. Those are all things that can be spelled out in a will or trust but not in a deed.
CLICK HERE TO READ MORE ON FOXBUSINESS.COM
In one case that Singer handled, an 80-year-old man left his girlfriend his $700,000 house via a transfer on death deed. She got a surprise $25,000 tax bill to pay her share of the Illinois estate tax.
She probably could have avoided that tax bill if her boyfriend had just left her the house as a specific bequest in his will.
Cybersecurity and enterprise software stocks have been market dogs in 2026, with fears that AI will wipe out a wide range of companies in the enterprise space dominating the narrative. But they snapped a brutal losing streak this past week, joining in the broader market rally that saw all losses from the U.S.-Iran war regained by the Dow Jones Industrial Average and S&P 500.
Cybersecurity has been “a victim of some of the AI-related headlines,” Christian Magoon, Amplify ETFs CEO, said on this week’s “ETF Edge.”
It wasn’t just niche cybersecurity names. Take Microsoft, for example, which was recently down close to 20% for the year. Its shares surged last week by 13%.
A big driver of the pummeling in software stocks was a rotation within tech by investors to AI infrastructure and semiconductors and some other names in large-cap tech, Magoon said, and since cybersecurity stocks and ETFs are heavily weighted towards software companies, they were left behind even as those businesses continue to grow on a fundamental basis.
But Wall Street now has become more bullish with the stocks at lower levels. Brent Thill, Jefferies tech analyst, said last week that the worst may be over for software stocks. “I think that this concept that software is dead, and then Anthropic and OpenAI are going to kill the entire industry, is just over-exaggerated,” he said on CNBC’s “Money Movers” on Wednesday.
“Big Short” investor Michael Burry wrote in a Substack post on Wednesday that he is becoming bullish about software stocks after the recent selloff. “Software stocks remain interesting because of accelerated extreme declines last week arising from a reflexive positive feedback loop between falling software stocks and changes in the market for their bank debt,” he wrote.
The Global X Cybersecurity ETF (BUG), is down about 12% since the beginning of the year, with top holdings including Palo Alto Networks, Fortinet, Akamai Technologies and CrowdStrike. But BUG was up 12% last week. The First Trust NASDAQ Cybersecurity ETF (CIBR) is down 6% for the year, but up 9% in the past week.
Piper Sandler analyst Rob Owens reiterated an “overweight” rating on Palo Alto Networks which helped the stock pop 7% — it is now down roughly 6% on the year. Its peers saw similar moves, including CrowdStrike.
Performance of Global X cybersecurity ETF versus S&P 500 over past one-year period.
Magoon said expectations may have become too high in cybersecurity, and with a crowding effect among investors, solid results were not enough to to push stocks higher. But the down-and-then-back-up 2026 for the sector is also a reminder that when stocks fall sharply in a short period of time, opportunity may knock.
“Once you’re down over 10% in some of these subsectors, you start to see the contrarians start to say, ‘well, maybe I’ll take a look at this,'” Magoon said.
He said AI does add both opportunity and uncertainty to the cybersecurity equation, increasing demand but also introducing new competition. But he added, “I think the dip is good to buy in an AI-driven world,” specifically because the risks to companies may lead to more M&A in cyber names that benefits the stocks.
For now, investors may look for opportunity on the margins rather than rush back into beaten-up tech names. “I think investors are still going to remain underweight software,” Thill said.
But Magoon advises investors to at least take the reminder to keep an eye on niches in the market during pronounced downturns. “The best-performing are often the least bought and do the best over the next 12 months versus late-in-the-game piling on,” he said.
While that may have been a mindset that worked against the last investors into cybersecurity and enterprise software in mid-2025 when the negative sentiment started building, at least for now, it’s started working for the stocks in the sector again.
Meanwhile, this year’s biggest winner is also a good example of what can be an extended trade in either a bullish or bearish direction. Last year, institutional ownership of energy was at multi-year lows, Magoon said, referencing Bank of America data. “Reverse sentiment can be a great indicator,” he said.
But he cautioned that any selective buying of stocks that have dipped does have to contend with the risk that there is a potentially bigger drawdown in the market yet to come in 2026. That is because midterm election years historically have been marked by large drawdowns. “If you think it is bad right now, it could get a lot worse,” Magoon said. But he added that there’s a silver-lining in that data, too, for the patient investor. The market has posted very strong 12-month returns after midterm election drawdowns end. So, for investors with a longer-term time horizon and no need for short-term liquidity, Magoon said, “stick in there.”
Sign up for our weekly newsletter that goes beyond the livestream, offering a closer look at the trends and figures shaping the ETF market.
New innovation in the exchange-traded fund industry could come at a cost to investors during extreme conditions.
According to MFS Investment Management’s Jamie Harrison, ETFs involved in increasingly complex derivatives and less transparent markets may be in uncharted territory when it comes to violent downturns.
“Those would be something that you’d want to keep an eye on as volatility ramps up,” the firm’s head of ETF capital markets told CNBC’s “ETF Edge” this week. “As innovation continues to increase at a rapid pace within the ETF wrapper, [it’s] definitely something that we advise our clients to be really front-footed about… Lack of transparency could absolutely be an issue if we’re going to start seeing some deep sell-offs.”
His firm has been around since 1924 and is known for inventing the open-end mutual fund. Last year, ETF.com named MFS Investment Management as the best new ETF issuer.
“It’s important to do due diligence on the portfolio,” he said. “Having a firm that has deep partnerships, deep bench of subject matter experts that plays with the A-team in terms of the Street and liquidity providers available [are] super important.”
Liquidity as the real issue?
Harrison suggested the real issue is liquidity, particularly during a steep sell-off.
“We’ve all seen the news and the headlines around potential private credit ETFs. That picture becomes much more murky,” he added. “It’s up to advisors, to investors [and] to clients to really dig in and look under the hood and engage with their issuers.”
He noted investors will have to ask some tough questions.
“What does this look like in a 20% drawdown? How does this liquidity facility work? Am I going to be able to get in? Am I going to be able to get out? And if I’m able to get out, am I able to get out at a price that’s tight to NAV [net asset value], and what’s the infrastructure at your shop in terms of managing that consideration for me,” said Harrison.
Amplify ETFs’ Christian Magoon is also concerned about these newer ETF strategies could weather a monster drawdown. He listed private credit as a red flag.
“If your ETF owns private credit, I think it’s worth taking a look at, kind of what the standards are around liquidity and how that ETF is trading, because that should be a bit of a mismatch between the trading pace of ETFs and the underlying asset,” the firm’s CEO said in the same interview.
Magoon also highlighted potential issues surrounding equity-linked notes. The notes provide fixed income security while offering potentially higher returns linked to stocks or equity indexes.
“Those could potentially be in stress due to redemptions and the underlying credit risk. That’s another kind of unique derivative,” Magoon said. “I would very closely look at any ETF that has equity-linked notes should we get into a major drawdown or there be a contagion in private credit or something related to the banking system.”
What that means for consumer loans
Checks and Balance newsletter: Of God and MAGA
Why software stocks, 2026’s market dogs, have joined the rally
Armanino adds Strategic Accounting Outsourced Solutions
New 2023 K-1 instructions stir the CAMT pot for partnerships and corporations
