Beneficiary Deeds in California

David Major (Technical Editor, Santa Clara Law Review, Volume 49; J.D. 2008, Santa Clara University School of Law) has recently published his comment entitled Revocable Transfer On Death Deeds: Cheap, Simple, and Has California’s Trusts & Estates Attorneys Heading For the Hills, 49 Santa Clara L. Rev. 285 (2009).  Here is the author’s description of his comment:

This comment analyzes the debate between the proponents and opponents of the TOD deed legislation proposed in the California Legislature. Part II of this comment reviews the basic elements of the TOD deed and the various alternatives in nonprobate and probate law. Part III identifies the legal issue, focusing on the rationale for and against the enactment of the statute. After considering the background and legal issue, Part IV will examine three divisive topics in the debate surrounding the TOD deed legislation proposed in AB250. Lastly, this comment argues for the adoption of TOD deeds in California and subsequent measures to ensure that this estate planning mechanism is used safely and effectively by prospective transferors.