Legal Question in Wills and Trusts in California

Re: California TOD in effect now?

There is a bill in the legislature to permit such a transfer on death deed, but it has not been passed into law. In the meantime, joint tenancy and the revocable living trust are options you may consider to meet your goals.

The bill is A.B. 250:

CURRENT BILL STATUS

MEASURE : A.B. No. 250

AUTHOR(S) : DeVore (Coauthors: Anderson, Benoit, Cook, Gaines,

Garrick, Horton, Jeffries, La Malfa, Maze, Silva, Tran,

and Walters) (Coauthor: Senator Ackerman).

TOPIC : Nonprobate transfers: revocable transfer upon death

deeds.

HOUSE LOCATION : SEN

+LAST AMENDED DATE : 06/16/2008

TYPE OF BILL :

Active

Non-Urgency

Non-Appropriations

Majority Vote Required

Non-State-Mandated Local Program

Fiscal

Non-Tax Levy

LAST HIST. ACT. DATE: 06/24/2008

LAST HIST. ACTION : In committee: Set second hearing. Failed passage.

Reconsideration granted.

COMM. LOCATION : SEN JUDICIARY

TITLE : An act to amend Section 2040 of the Family Code, to

amend Sections 250, 267, 279, 5000, 5302, 13111, 13206,

and 13562 of, to amend and renumber Sections 5600, 5601,

5602, 5603, and 5604 of, to add Section 69 to, to add

the heading of Chapter 3 (commencing with Section 5040)

to Part 1 of Division 5 of, to add and repeal Part 4

(commencing with Section 5600) of Division 5 of, and to

repeal the heading of Part 4 (commencing with Section

5600) of Division 5 of, the Probate Code, relating to

nonprobate transfers.