A: Yes! Assuming your mother didn't have any other probatable assets, you and your sister can file with the court a Form DE-305 in the County where the land is located to have the property title transferred without probate.
Title and Deeds
Q: I transferred title to my current home to my trust when my trust was created. I am now selling my home and and am purchasing a new one. How should I take title to my new home?
A: You should take title to your new home in the same way that you hold title to your current home - as trustee of your trust. This will ensure that your new home is a trust asset and that it is not at risk of going through probate to be administered after your death....
Q: I created my trust 6 years ago and just purchased another piece of real estate. Do I need to do anything special to make sure the new property is part of my trust?
A: Yes you do! This is what we estate planning attorneys refer to as "trust funding". In this case, you will need to make sure you sign and record a new grant deed showing your trust as the owner of the property! And remember, if you forget to do this, your...
Q: Are there any downsides to the TOD Deed (versus a living trust, for example)?
A: Although there may certainly be situations in which the use of a TOD Deed are appropriate, there are many potential pitfalls to be aware of: 1: TOD Deeds can only be used to transfer certain types of property: a) one to four residential dwelling units or...
Q: Why did the legislature create the TOD Deed in California?
A: The stated purpose of the TOD Deed, according to the author of the bill, is to allow seniors, low-income/fixed-income individuals, and individuals whose estates consist primarily of their home to avoid costly and/or complicated probates or trust administrations....
Q: What is a Revocable “TOD” Deed?
A: The Revocable “TOD” (“Transfer on Death”) Deed, introduced into law in 2016, was created as new probate-avoidance strategy available to Californians. Specifically, the Revocable TOD Deed allows individuals to transfer, effective only upon death and outside of...
Q: My sister and I would like to purchase a California investment property together, but she is able to invest more than I can. Can we own the property together in different percentages?
A: Yes, you can! In California, two individuals can take title to real property as tenants-in-common, and in whichever percentages the owners agree on. For example, your sister could own an 80% interest as a tenant-in-common while you own a 20% interest as a...
Q: Should I add my child to the title of my home?
A: Here are 7 reasons NOT to add your child to the title of your home: 1. CAPITAL GAINS TAXES. Your child will lose the full step-up in tax basis upon your passing, which could cost the child significantly in tax liabilities upon an eventual sale of the property. 2....
Q: Are there any downsides to adding my son to title right now as a joint tenant?
A: Yes, there are quite a few! Let’s assume you added your son as a 50/50 owner to your home: First, your son will only be able to receive a stepped-up tax basis on one-half of the property rather than a 100% stepped-up basis. Depending upon how long the property...
Q: Can I use the Transfer on Death Deed (“TOD Deed”) to transfer my 5-unit apartment complex to my son?
A: No. Unfortunately, despite its potential convenience benefits, the TOD Deed comes with numerous downsides. One of those downsides is that the TOD Deed can only be used to transfer the following types of California real estate: 1: a single-family home or condominium...
