[WSBAPT] CA transfer on death deed

[Jill H. Sasser]

Dear listmates:

I have a Washington resident client (single/non-tax planning).  Client has minimal liquidity, but does own a residential rental property in California.  She does not want to have a WA or CA revocable living trust for various reasons, primarily cost.

I have explained that a CA probate may be necessary if she owns the CA property at the time of her death.  She wants to pass the CA property to a specific beneficiary at that time of her death, if she owns such property.  I certainly think that a trust is the best option, but client does not want a trust, and I am concerned about trying to avoid the cost of CA probate, which I understand to be VERY expensive.

I understand that CA allows transfer on death deeds, and I have been exploring that option.  However, when I talked with a title company that does business in CA, I was told, "The CA transfer on death statute is new and somewhat different than in most other states.  Most CA attorneys don't view the TOD deed favorably so we don't suggest it be used."  (Note-I am not going to prepare the CA TOD deed-I was hoping to find someone to do so for my client).

I can't tell if this means that the statute is bad, or if it is just new and sometimes new is uncomfortable.

Does anyone on here have experience with CA transfer on death deeds?

I would appreciate any insights.
Thanks,
Jill

Jill H. Sasser | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 T: 503-283-3393 F: 360-816-2535


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