April 21, 2009
Legislation to enact a recommendation of California Law Revision Commission to permit transfer upon death deeds (TODDs) has been introduced in the California Legislature. AB 724 (DeVore), which the author promotes as a quicker alternative to probate and trusts, would allow a transferor to execute a deed to become effective upon death. The California Land Title Association is strongly opposed to the enactment of such a concept, on the basis that the TODDs can be used for fraud and elder abuse and create complications for consumers that execute the deeds without legal advice.
While the bill passed out of the Assembly Judiciary Committee last week, the CLTA continues to oppose it as it moves toward the Senate Judiciary Committee, where the legislation has stalled out in the past.