State Bar Form 9-2009 In Oakland
Description
Form popularity
FAQ
The TOD account owner can choose, among other entities, his or her estate, individuals (including minors), trusts, and churches as beneficiaries. You retain control.
How the TOD Designation Works. The beneficiary's rights. The person you name in the TOD designation to inherit the property doesn't have any legal right to it until your death—or, if you own the property as a "joint tenant" or with "rights of survivorship" with someone else, until the last surviving owner dies.
Disadvantages of transfer on death deeds Creditors may come after the new owner(s) of the property. Beneficiaries may get equal shares of the asset. Not available in many states. Unintentional disinheritance. Raises the risk that estate planning documents don't match.
Filling Out and Recording a TOD deed Locate the Current Deed for the Property. Read the “Common Questions” Listed on Page 3-4 of the TOD Deed. Fill Out the TOD Deed (Do Not Sign) ... Sign in Front of a Notary; Have Two Witnesses Sign. Record the Deed at the Recorder's Office within 60 Days of Notarizing It.
How do I fill this out? Identify the real estate details, including legal description and parcel number. List the beneficiary's names and their addresses. Ensure the form is signed on the designated date. Have the form notarized for validation. Keep a copy for your records.
You still own the property The beneficiary or TOD deed does not give the heirs any immediate rights to the property, so it avoids these problems.
Beneficiary Liability: A beneficiary named in a TOD deed becomes personally liable for the property owner's unsecured debts up to the value of the property received. This result may have been unintended by the owner and as an unpleasant surprise to the beneficiary.
Disadvantages of transfer on death deeds Creditors may come after the new owner(s) of the property. Beneficiaries may get equal shares of the asset. Not available in many states. Unintentional disinheritance. Raises the risk that estate planning documents don't match.
Since a transfer on death account is not a trust, it is part of the decedent's estate. It does not avoid or minimize estate taxes.
Filling Out and Recording a TOD deed Locate the Current Deed for the Property. Read the “Common Questions” Listed on Page 3-4 of the TOD Deed. Fill Out the TOD Deed (Do Not Sign) ... Sign in Front of a Notary; Have Two Witnesses Sign. Record the Deed at the Recorder's Office within 60 Days of Notarizing It.
