[WSBAPT] CA transfer on death deed

[Jamia Burns]

In California, the Transfer on Death Deed is really a form provided on the
county website. I have seen the one from LA County and it looks pretty
simple.

Respectfully,

Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com
jamia at jamiaburnslaw.com
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Mon, May 11, 2020, 3:54 PM Mike Winslow <mike at winslegal.com> wrote:

> Jill, I have drafted single purpose, single asset trusts to hold out of
> state property to avoid multiple probates. These are really pretty simple
> documents. Thus cost is not really much of an issue. The expense of probate
> in California, if still holding to rules I checked years ago, is tied to
> the value of the estate assets, instead of the complexity of the work
> required. This is what drives the RLT business in California law practice.
>
>
>
>
>
> Michael A. Winslow
>
> 1204 Cleveland Ave.
>
> Mount Vernon, WA 98273
>
> Ph. 360-336-3321
>
> Em. Mike at winslegal.com
>
>
>
> This message is from an attorney, so it’s confidential. If you are not the
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>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *John J. Sullivan, Esq.
> *Sent:* Monday, May 11, 2020 3:26 PM
> *To:* 'WSBA Probate & Trust Listserv'
> *Subject:* Re: [WSBAPT] CA transfer on death deed
>
>
>
> Jill:
>
>
>
> My partner and I have had conversations about the WA TOD deeds with title
> officers as well. Apparently they are not entirely comfortable with the
> alternative yet. The issue appears to be the possibility of creditor claims
> being executed against the property during the first two years.
>
>
>
> John J. Sullivan
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jill H. Sasser
> *Sent:* Monday, May 11, 2020 2:01 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] CA transfer on death deed
>
>
>
>
>
> 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 *
>
> 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
> www.landerholm.com
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