Contest - Revocable Transfer On Death Deed - Probate - CA

Section § 5690

This law explains the process for contesting the validity of a property transfer made through a revocable transfer on death deed. An action can be taken by the person's personal representative or someone interested in the estate to challenge the transfer or its revocation. If a contest against a revocation is successful, the court decides how to address it, trying to respect the original intentions of the person who made the transfer.

The legal action must be filed in the appropriate county for managing the deceased's estate. The person contesting the deed can file a notice in the county where the deed is recorded, alerting others to the legal dispute. All witnesses to the deed must be made available for examination during the proceeding. If they are not available, other witnesses may provide evidence to validate the deed's proper execution.

(a)

(1) An action for the disqualification of a beneficiary under Part 3.7 (commencing with Section 21360) of Division 11 may be brought to contest the validity of a transfer of property by a revocable transfer on death deed.

(2) An action to contest the validity of a transfer of property by a revocable transfer on death deed may be filed by the transferor’s personal representative or an interested person under Part 19 (commencing with Section 850) of Division 2.

(3) An action to contest the validity of a revocation of a revocable transfer on death deed may be filed by the transferor’s personal representative or a beneficiary of the revoked deed under Part 19 (commencing with Section 850) of Division 2. If the contest is successful, the court shall determine the appropriate remedy, which may include revival of the revoked deed. In deciding the remedy, the court shall attempt to effectuate the intentions of the transferor.

(b) The proper county for a contest proceeding is the proper county for proceedings concerning administration of the transferor’s estate, whether or not proceedings concerning administration of the transferor’s estate have been commenced at the time of the contest.

(c) On commencement of a contest proceeding, the contestant may record a lis pendens in the county in which the revocable transfer on death deed is recorded.

(d) In a contest proceeding, each subscribing witness of the revocable transfer on death deed shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may admit the evidence of other witnesses to prove the due execution of the deed.

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Section § 5692

This law section states that you can't start a legal challenge against a transfer of property until the person who transferred the property has died. Once this person dies, the countdown for the time you have to contest begins on that day.

(a) A contest proceeding pursuant to Section 5690 shall not be commenced before the transferor’s death.

(b) For the purposes of the applicable limitations period, a contest proceeding accrues on the date of the transferor’s death.

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Section § 5694

This law explains what happens if a will or estate transfer via a 'revocable transfer on death deed' is found to be invalid by the court. If the court case started and a legal notice (called a lis pendens) was recorded within 120 days of recording an important affidavit, the court will void the deed and transfer the property to the rightful person.

However, if the case did not start on time or the lis pendens wasn't recorded within 120 days, the court can still provide relief, but won't interfere with the rights of anyone who bought or took a mortgage on the property in good faith before the case began and the lis pendens was recorded.

If the court in a contest proceeding determines that a transfer of property by a revocable transfer on death deed is invalid, the court shall order the following relief:

(a) If the proceeding was commenced and a lis pendens was recorded no later than 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall void the deed and order transfer of the property to the person entitled to it.

(b) If the proceeding was not commenced and a lis pendens was not recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall grant appropriate relief but the court order shall not affect the rights in the property of a purchaser or encumbrancer for value and in good faith acquired before commencement of the proceeding and recordation of a lis pendens.

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Section § 5696

This law section says that if someone uses a 'revocable transfer on death deed' to transfer property, it doesn't stop people from challenging that transfer because of fraud, undue influence, duress, mistake, or other problems that would make it invalid. Additionally, if a person has a conservator or guardian, that conservator or guardian can ask the court to cancel the deed while the person who made it is still alive, if they think there's a reason to do so.

(a) Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mistake, or other invalidating cause to a transfer of property by a revocable transfer on death deed.

(b) Notwithstanding subdivision (a) of Section 5692, the conservator or guardian of a transferor may, before the transferor’s death, petition the court for invalidation of a revocable transfer on death deed executed by the transferor.

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Section § 5698

This law makes it clear that creating a revocable transfer on death deed through dishonest means, like fraud, undue influence, threat, or pressure, is still subject to other applicable laws that penalize such actions. This includes specific laws that deal with elder abuse and coercion, ensuring that these wrongful deeds don't go unpunished just because they involve these particular deeds.

Nothing in this chapter limits the application of other law that imposes a penalty or provides a remedy for the creation of a revocable transfer on death deed by means of fraud, undue influence, menace, or duress, including, but not limited to, Section 368 of the Penal Code and Sections 15656 and 15657.5 of the Welfare and Institutions Code.

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