Law Offices of Adele Schneidereit

Problems with Transfer on Death Deed in California

I get a lot of calls from people asking me if a California Transfer on Death Deed (TODD) is a good substitute for a Revocable Trust. Unfortunately, the answer is no because there are too many problems with a TODD. The biggest problem that I run into when looking into if a TODD is acceptable for a client is the lack of the ability to name a contingent beneficiary. If the contingent beneficiary dies before you do, the property may still wind up in probate (which may take six months to one year). Also, many title companies are refusing to insure clear title to TODD Beneficiaries. These are just a few of the problems with TODDs. More in later articles! Please think carefully before choosing a TODD over a trust. A TODD over a Revocable Trust might not be the right choice for you!