When Form 8865 Transfers 2023-2024

In two previous videos, we discussed California's transfer on death deeds. Now, I want to talk about how to contest a transfer on death deed. If you find yourself on the losing end of a transfer on death deed because someone abused an elder and was able to get themselves named as a beneficiary, you have the right to contest that deed. There are two broad areas you can use to contest the transfer on death deed. The first area has to do with formalities. There are specific rules about how transfer on death deeds must be created. If someone didn't follow those rules or missed a requirement for creating the deed, you can challenge the deed on that basis. Challenging the lack of legal formalities is usually the easiest way to contest any document. For example, a transfer on death deed must be recorded within 60 days of being signed. If that didn't happen, you can invalidate the deed. Transfer on death deeds are also revoked if there is a subsequent deed filed. So, if someone filed a new deed putting the property into joint tenancy, for example, then the transfer on death deed is no longer valid. The second broad category where you can challenge a transfer on death deed relates to the intent of the property owner. You can challenge their intent to have created that deed if the owner lacked capacity, was unduly influenced at the time of creating the deed, or was a victim of fraud. These bases are the same as those used to challenge any will or trust document. In order to create a valid transfer on death deed, like a will or trust, the property owner must have had the intent to name a beneficiary. If they lacked the capacity to formulate that intent, the...