Hackard Law - Estate Planning
Call for free initial consultation.

916-229-6991

We speak Spanish, Hmong, Russian and German.

CA Revocable Transfer on Death Deed (TOD): Liability

Estate Law CA Transfer on Death Deed Liability.jpg

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

(CALIFORNIA PROBATE CODE SECTIONS 5672-5676)

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 _____________________:

  1. _____________________ (Transferor) died on _____________________ in _____________________.
  2. The Revocable Transfer on Death Deed was signed, dated and acknowledged on _____________________ in _____________________ .
  3. The Revocable Transfer on Death Deed was recorded in Sacramento County on _____________________, Book _____, Page _____.
  4. The Revocable Transfer on Death Deed named the following beneficiaries:
    1. Name 1
    2. Name 2
  5. Demand for Restitution of the property interest conveyed to each beneficiary is hereby made.
  6. 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).
  7. The name, address and telephone number of the current Personal Representative of the Estate of _____________________is:
    1. Name, Address, Phone Number
  8. The Personal Representative of the Estate requests that correspondence relating to the Estate be directed to her at the following address:
    1. 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 _____________________.

Notice Liability Restitution TOD.pdf

No Comments

Leave a comment
Comment Information
Rated By Super Lawyers Michael A.Hackard SuperLawyers.com AV PREEMINENT Martindale-Hubbell Lawyer Ratings Avvo Rating 10.0 Superb Top Attorney Litigation Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum Top Attorneys In Sacramento Lead Counsel | LC | Rated Hackard Law A Professional Law Corporation BBB Business Review Best Real Estate
Lawyers in
Sacramento
2016

*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.