Legal Question in Real Estate Law in California

Deed

Are beneficiary deeds permitted in California?


Asked on 9/17/02, 10:46 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Deed

I entered the term "beneficiary deed" in a WestLaw search of reported California cases and did not come up with any meaningful 'hits.' Therefore, I would conclude that the concept is unknown here, or at least goes under another name.

If you are suggesting a means of conveying title upon a property owner's death by having the person execute, but not deliver and record, a deed to the property, with the view to an "heir" picking up and recording the deed after death, please be advised that this technique is unacceptable in California. Instead consult a California estate-planning attorney and arrange for accomplishing your goals through a living trust, a conventional will, or possibly through ownership as joint tenants.

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Answered on 9/17/02, 1:03 pm


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