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  1. #1
    Join Date
    Jul 2020
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    Hull, UK
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    Question Gifted Property Via Simple Revocable Transfer on Death Deed, Now What

    My question involves real estate located in the State of: California


    Hello all,

    I was recently gifted a piece of property in California from my Step Dad. He passed away in March.

    What he did was make me the beneficiary of the property via Simple Revocable Transfer on Death Deed.

    Now that he has passed, I need to know what I need to do to get the property in my name so I can sell it as soon as possible.

    Does anybody know what I need to do?

    Many thanks!

    Dave

  2. #2
    Join Date
    Oct 2014
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    8,148

    Default Re: Gifted Property Via Simple Revocable Transfer on Death Deed, Now What

    Quote Quoting davenewgass
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    My question involves real estate located in the State of: California
    Does anybody know what I need to do?
    The Sacramento County Public Law Library has a page Transfer on Death Deed that explains it pretty clearly.

  3. #3
    Join Date
    Jul 2018
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    2,608

    Default Re: Gifted Property Via Simple Revocable Transfer on Death Deed, Now What

    Your post suggests to me that you haven't read the deed. Is that correct? If so, why haven't you read it?

    Quote Quoting davenewgass
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    What he did was make me the beneficiary of the property via Simple Revocable Transfer on Death Deed.
    Let's start by confirming some things: Was the deed recorded with the recorder's office in the county where the property is located within 60 days after the date on which it was signed and notarized? Also, was your father the only owner of record of the property? Was he married at the time of his death? In what county is the property located?


    Quote Quoting davenewgass
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    Does anybody know what I need to do?
    For starters, read the second page of the deed, which contains a list of "common questions about the use of this form." One of the questions is "WHAT DOES MY BENEFICIARY NEED TO DO WHEN I DIE?" If the deed is missing that page, then read Probate Code section 5642(b).

  4. #4
    Join Date
    Jul 2020
    Location
    Hull, UK
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    Default Re: Gifted Property Via Simple Revocable Transfer on Death Deed, Now What

    Hi PG....thanks for chiming in on this.

    What I have read was the TOD document that's filed with the County Recorder.

    Yes, I can confirm that TOD was recorded within 60 days of his signature and also notarized. He was the only owner and yes he was married at the time of death to my Mother. The property is located in San Luis Obispo county.

    Is the TOD the actual deed to the property or is that just instruction on what to do upon death?

    The problem I have is that I am located in the UK so have no clue how I'm going to get the paperwork to the County Recorder and also how to notarize any docs. My accountant certifies docs for us. It's not called a 'notary public' though.

    What are your thoughts?

    Many thanks,

    Dave

  5. #5
    Join Date
    Jul 2018
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    2,608

    Default Re: Gifted Property Via Simple Revocable Transfer on Death Deed, Now What

    Quote Quoting davenewgass
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    Is the TOD the actual deed to the property or is that just instruction on what to do upon death?
    The reference to "the deed" is misplaced. There is no single deed for any piece of property, and a TOD is not "just instruction on what to do upon death" (although, as indicated, it does contain instructions in that regard).


    Quote Quoting davenewgass
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    The problem I have is that I am located in the UK so have no clue how I'm going to get the paperwork to the County Recorder and also how to notarize any docs. My accountant certifies docs for us. It's not called a 'notary public' though.

    What are your thoughts?
    As far as notarization goes, there are notaries in the UK. The problem is that you may need additional formalities (e.g., an apostille) that could prove complex and/or time-consuming.

    In your situation, if you're not planning on traveling to California anytime in the foreseeable future, your best bet might be to retain the services of an attorney in the county where the property is located and to give the attorney a limited power-of-attorney to do what is required by Probate Code section 5642.

    BUT...

    Quote Quoting davenewgass
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    He was the only owner and yes he was married at the time of death to my Mother.
    There is at least a possibility that your mother has a community property interest in the property, which your father could not transfer to you by way of the TOD. If she doesn't give up that interest, you could have a problem down the road if you sell the property. A title company may be reluctant to issue a policy of title insurance, and you might not be able to convey marketable title. The simplest way to deal with that now, if she is willing, would be to obtain from her a quitclaim deed. That's something else you'll want a local attorney's help with.

  6. #6
    Join Date
    Sep 2010
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    19,847

    Default Re: Gifted Property Via Simple Revocable Transfer on Death Deed, Now What

    The best place to find a notary in the UK for US purposes is at the US embassy or consulate. These are available in London, Edinburgh, and Belfast. You will have to make an appointment and it may take some time to get one.

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