Q: my friend who i lived with for 14 years died he left his house to me in a will and a transfer on death deed. Now his
family says its theirs. what do i do
A: You can submit the will to probate and the family would have to fight it.
A: Assuming there is no undue influence involved, and your friend was competent at the time, you should be able to get the house. Assuming the legal requirements are met, and the deed was recorded, probate will not be needed in order for you to complete the transfer.
A: If the TOD was properly prepared and recorded pursuant to applicable law, the beneficiary may establish the transferor's death by recording an affidavit sufficient to establish the fact of death. See Prob C §§210, 5680(c). However, the revocable TOD deed can be contested after the transferor's death (Prob C §5692(a)), and any contest may be brought by a duly appointed personal representative or other interested party. Prob C §5690(a)(2).
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