Los Angeles, CA asked in Estate Planning and Real Estate Law for California

Q: Transfer on Death Deed- if the creation of this law was meant to easily transfer property to beneficiaries

title companies are refusing to accept TOD as a valid means of transferring title after a death. the law was meant to make the transfer easy and the courts accept it but title company won't insure clear title because of the ease in which it is done. makes no sense. if the courts accept it as a valid transfer is there a way to have title insurance do the same?

2 Lawyer Answers

Ali Shahrestani, Esq.

  • San Francisco, CA
  • Licensed in California

A: See: http://www.canhr.org/factsheets/medi-cal_fs/PDFs/FS_TOD_NeedToKnow.pdf

Perhaps that may provide some initial guidance to you on how TODs work. Maybe there was an error made somewhere along the line? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Sally Bergman

  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: This is one of the reasons why estate planning attorneys do not recommend the use of transfer on death deeds. Title companies are hesitant to insure title during the three-year period in which claims can be made against the beneficiary of the deed. While the beneficiary can take title under the deed, they will have difficulty selling it for three years and can be subject to claims from other heirs.

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