Estate and probate litigation means having a good eye for details and potential pitfalls ahead. If you're using a California Revocable Transfer on Death Deed in your estate planning, make sure to know there are still potential liabilities that can be brought by claimants to an estate. Here's a sample form for liability notice:
NOTIFICATION OF LIABILITY & DEMAND FOR RESTITUTION
BY THE PERSONAL REPRESENTATIVE OF THE ESTATE TO THE BENEFICIARY OF REVOCABLE TRANSFER ON DEATH DEED
NOTICE IS HEREBY GIVEN pursuant to California Probate Code Sections 5672 -5676 that demand is hereby made upon you to return and restore to the Estate of _____________________ the property received by you pursuant to the revocable transfer on death deed executed on _____________________ by _____________________ (Transferor).
As provided by law, you are hereby provided with notice of the following information regarding the Estate of _____________________:
- _____________________ (Transferor) died on _____________________ in _____________________.
- The Revocable Transfer on Death Deed was signed, dated and acknowledged on _____________________ in _____________________ .
- The Revocable Transfer on Death Deed was recorded in Sacramento County on _____________________, Book _____, Page _____.
- The Revocable Transfer on Death Deed named the following beneficiaries:
- Name 1
- Name 2
- Demand for Restitution of the property interest conveyed to each beneficiary is hereby made.
- If beneficiary restores the property to the transferor's estate that property shall be treated as a specific gift and any proceeds remaining from the sale of the property after the payment of claims shall be returned to the beneficiary. Probate Code Section 5676(f).
- The name, address and telephone number of the current Personal Representative of the Estate of _____________________is:
- Name, Address, Phone Number
- The Personal Representative of the Estate requests that correspondence relating to the Estate be directed to her at the following address:
- Name, Address
WARNING: THE ESTATE'S PERSONAL REPRESENTATIVE MAY BRING AN ACTION FOR LIABILITY AGAINST THE BENEFICIARY ANYTIME WITHIN THREE YEARS AFTER THE TRANSFEROR'S DEATH.
Date: _____________________, 201_
Personal Representative of the Estate of _____________________.