Q: How can I remove a transfer on death deed filed after 60 days from being signed, in California?
After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees the transfer as invalid. How do I correct this?
A:
In California, a Transfer on Death (TOD) deed must be recorded within 60 days of the date it was signed to be valid. If you've filed a TOD deed after this period, and it's now causing issues with property transfer, there are steps you can take to address the situation. Since the probate court and the county assessor recognize the transfer as invalid, the deed's impact on the property title needs to be corrected.
First, you may need to file a legal document, such as a petition or affidavit, with the county recorder's office to officially void the late-filed TOD deed. This document should explain the situation and provide evidence that the deed was not filed within the required timeframe, thus making it invalid. Legal documentation like this typically clarifies the property's status and can help rectify the title issue.
Consulting with a legal professional who has experience in real estate or estate planning law is crucial. They can guide you through the process of preparing and filing the necessary documents to correct the property title. Moreover, they can provide advice on how to navigate any additional legal hurdles that may arise from this situation, ensuring the property can be sold or properly included in the estate for probate, if necessary.
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