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Articles from the 'Transfer On Death Deed' series


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  • Common questions about the use of a Transfer on Death Deed (part three)

    Diana Wade, LDA|Apr 16, 2022

    What does my beneficiary need to do when I die? Your beneficiary must do all of the following: (1) RECORD evidence of your death (Prob. Code § 210). (2) File a change in ownership notice (Rev. & Tax. Code § 480). (3) Provide notice to your heirs that includes a copy of this deed and your death certificate (Prob. Code § 5681). Determining who is an "heir" can be complicated. Your beneficiary should consider seeking professional advice to make that determination. (4) RECORD an affidavit af...

  • Common questions about the use of a Transfer on Death Deed (part 2)

    Diana Wade, LDA|Apr 2, 2022

    If I sell or give away the property described in a TOD deed, what happens when I die? If the deed or other document used to transfer your property is RECORDED before your death, the TOD deed will have no effect. If the transfer document is not RECORDED before your death, the TOD deed will take effect. I am being pressured to complete this form. What should I do? Do NOT complete this form unless you freely choose to do so. If you are being pressured to dispose of your property in a way that you...

  • Common questions about the use of a Transfer on Death Deed (part 1)

    Diana Wade, LDA|Mar 19, 2022

    When you die, the identified property will transfer to your named beneficiary without probate. The TOD deed has no effect until you die. You can revoke it at any time. Can I use this deed to transfer business property? This deed can only be used to transfer (1) a parcel of property that contains one to four residential dwelling units, (2) a condominium unit, or (3) a parcel of agricultural land of 40 acres or less, which contains a single-family residence. How do I use the TOD deed? Complete...