[WSBARP] D.O.D. Deed in California?

Paul Neumiller pneumiller at hotmail.com
Wed Apr 11 14:01:38 PDT 2018


Josh, if you are asking if California has a Transfer on Death Deed scheme similar to WA, then the answer is yes.  See CA Probate Code Section 5614(b):

(a) “Revocable transfer on death deed” means an instrument created pursuant to this part that does all of the following:

(1) Makes a donative transfer of real property to a named beneficiary.

(2) Operates on the transferor's death.

(3) Remains revocable until the transferor's death.

(b) A revocable transfer on death deed may also be known as a “revocable TOD deed.”

There is also an interesting article at California Real Property Journal, Vol. 34, No. 3, at 43 (2016) that lists a parade of horribles if any attorney actually tried to use one.

[cid:image002.jpg at 01D3D19C.CF017940]


From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Wednesday, April 11, 2018 1:39 PM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] D.O.D. Deed in California?

I have a client who owns real property in California.  What would work best for them would be able to do a D.O.D. dead to their kids.  I am wondering if such a thing exists.

Josh
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