transfer on death deedThis provides a simple way to transfer California real estate at death without having to go through California probate.  (Probate Code §5600, et seq.)  The way to look at this is it is a “Transfer-On-Death Deed ” NOT a transfer during life deed.  It only applies to residential properties and must be promptly recorded after it is notarized.  This document is exempt from documentary transfer tax under Rev. & Tax. Code §11930. This document is exempt from preliminary change of ownership report under Rev. & Tax. Code §480.3.

For the specific requirements, click here:
Continue Reading

Beneficiaries of a trust lost a challenge to the sale of trust property by the trustee. The trial court ordered them to pay the trust’s attorney fees and costs, making the beneficiaries personally liable. The Court of Appeal affirmed the award of attorney fees, but reversed the order insofar as it made the beneficiaries personally

Trusts are a contractThe world of trusts is quite unique.  Trusts not only can be formed verbally, but notarization is not required.  Probate Code §§ 15200, 15206 and 15207 are silent as to requiring a notarization, therefore, no notarization required!  A trust is essentially a contract.  But for real property, it must be in writing. Probate Code §15206