What id Deed Fraud?

As an estate planning attorney, I regularly work with property records: confirming ownership, transferring property into trusts, and distributing property out of trusts to beneficiaries. Because I deal with property documents so frequently, I understand how important it is that county property records remain accurate and secure. Unfortunately, a growing threat to this security is deed fraud.

Deed fraud, or real estate fraud, happens when someone fraudulently records a document that transfers ownership of property without the true owner’s knowledge or consent. This kind of fraud disproportionately impacts seniors, people with disabilities, and owners of vacant or highly appreciated properties. According to the FBI, over 11,000 cases of real estate fraud were reported in 2021, with losses exceeding $350 million.

Two counties in Northern California—Placer County and Yolo County—have taken different approaches to this issue. Let’s compare how each is working to protect residents from deed fraud.

Placer County: Proactive Protection with Courtesy Notifications

In 2022, Placer County launched a Real Property Fraud Prevention and Courtesy Notification Program. Under this program, property owners automatically receive a written notification any time a document is recorded that could affect ownership of their property—such as a grant deed, quitclaim deed, or similar transfer document.

This alert doesn’t prevent the document from being recorded, but it gives property owners the chance to take quick action if the recording is unauthorized or suspicious. It’s a low-cost, high-impact way to improve transparency and security, particularly for elderly and vulnerable property owners who might not be actively monitoring their property records.

One key feature of Placer County’s program is that no opt-in is required. Every property owner is automatically enrolled, ensuring that even those less familiar with technology or government services receive protection.

Yolo County: Existing Tools and Steps Toward More Protection

In response to growing concerns, I reached out to the Yolo County Clerk-Recorder’s Office about their approach to deed fraud. I was encouraged by their responsiveness and commitment to protecting residents.

Currently, Yolo County provides a self-service online portal that allows the public to search recorded documents associated with their name. While the full recorded documents can’t be viewed online, if a search result looks suspicious, residents can visit the Clerk-Recorder’s office in person to investigate further.

Here is the link to the self-service online portal.

Additionally, Yolo County imposes a District Attorney fraud fee on recorded documents, which helps fund the DA’s office to investigate and prosecute real estate fraud. The Clerk-Recorder’s Office also forwards any suspicious activity to the District Attorney for follow-up.

Importantly, Yolo County is actively exploring the launch of a fraud alert notification program similar to Placer County’s. They are reviewing vendors and models, and are particularly interested in systems that don’t require residents to opt in, recognizing that many at-risk residents may not take the extra step on their own.

Why This Matters in Estate Planning

As an estate planning attorney, I see firsthand how deed fraud can impact families. Whether I’m transferring a client’s home into a revocable living trust or helping a family distribute property to beneficiaries after a loved one’s death, accurate property records are essential.

Deed fraud can complicate or delay trust administration, damage title history, and even prevent a rightful owner from selling or refinancing their property. In some cases, cleaning up fraudulent transfers can take months or years, cost thousands of dollars, and cause significant stress.

That’s why it’s so important for counties to adopt fraud prevention tools, and for property owners to stay vigilant.

What You Can Do

While counties work to improve protections, there are steps you can take to protect your property:

• Regularly check your property records using the county’s online portal.
• Set up alerts if your county offers a notification service.
• Work with a trusted estate planning attorney to make sure your property is properly titled and protected.
• Report any suspicious activity immediately to the County Clerk-Recorder and District Attorney.

Conclusion

Yolo County is taking important steps to catch up with programs like Placer County’s, which provide proactive protection against real property fraud. As an estate planning attorney, I applaud these efforts and encourage both counties—and others across the state—to continue developing tools that safeguard property owners, especially the most vulnerable.

If you have questions about how to protect your property through estate planning, trust transfers, or deed record review, feel free to contact my office. We’re here to help you protect your legacy and your home.

Having a will is a crucial step in protecting your assets and ensuring your loved ones are cared for after you’re gone. If you’ve already taken this step, you’re ahead of many Americans who have yet to create one.

However, a will alone may not be enough to cover all aspects of your estate. To ensure your wishes are fully honored and your assets are efficiently managed, you may need a more comprehensive estate plan.

Why an Estate Plan Matters More Than Just a Will

A will serves as a basic document to distribute your assets after your passing, but it has limitations. A complete estate plan provides additional layers of protection, ensuring your financial affairs and health care decisions are managed if you become incapacitated. It can also save your heirs from lengthy legal battles, unnecessary taxes, and costly court fees.

Here are key elements to consider when creating an estate plan:

1. Providing for Your Loved Ones

If you have children or grandchildren, your estate plan should include more than just naming beneficiaries. For minor children, appointing a guardian is essential. Additionally, you may need to designate a conservator to manage the assets they inherit until they reach adulthood. Trusts can also be established to distribute assets according to specific conditions, such as reaching a certain age or achieving educational milestones.

2. Avoiding Probate and Maintaining Privacy

One major drawback of relying solely on a will is that it must go through probate—a court-supervised process that can be time-consuming and expensive. Probate proceedings are also public, meaning anyone can access details about your estate, assets, and beneficiaries. A properly structured estate plan, including a living trust, can help your heirs avoid probate, minimize legal fees, and keep your financial affairs private.

3. Managing Digital Assets

In today’s digital world, your online presence—including banking, investments, and social media—should be part of your estate plan. Without proper arrangements, your family may struggle to access critical accounts. Consider maintaining a secure record of your passwords and granting trusted individuals authority to manage your digital assets through a power of attorney.

4. Planning for Incapacity

An estate plan isn’t just about distributing assets—it also ensures your health care and financial decisions are handled according to your wishes if you become unable to make them yourself. A power of attorney for finances allows a trusted person to manage your assets, while an advance health care directive ensures your medical preferences are honored.

5. Addressing Tax Implications

While federal estate taxes currently apply to only the largest estates, state-level estate and inheritance taxes vary. A well-crafted estate plan can help minimize tax burdens and ensure a smooth transition of wealth to your heirs.

Secure Your Legacy with a Comprehensive Plan

Every estate is unique, and a one-size-fits-all approach doesn’t work when protecting your assets and loved ones.

Reach out to us today. We can help you develop a customized plan that aligns with your goals, ensures your wishes are honored, and provides peace of mind for you and your family.

If you’re ready to take the next step in securing your legacy, click the link below and schedule a consultation with us.

Traveling with disabilities can feel overwhelming, but with the right preparation, it can be an enjoyable and smooth experience. From researching accessible accommodations to ensuring medical needs are met, careful planning makes all the difference. However, there’s another important aspect that many overlook—estate planning. Having essential legal documents in place can protect you and your loved ones in case of emergencies while traveling.

Here are three key tips to help ensure a stress-free trip while also keeping your future secure.

Tip 1: Consult with Your Physician and Plan for Emergencies

Before traveling, meet with your doctor to discuss your itinerary and any special medical needs. Your physician can provide:

• A medical statement outlining your condition and necessary accommodations.
  
• Extra prescriptions in case of delays or lost medication.
  
• Advice on finding medical care at your destination.
  

Keep your doctor’s contact information readily available and carry extra medication in your carry-on bag. Also, research local healthcare facilities in case of an emergency.

While preparing for medical emergencies, consider having a durable power of attorney for healthcare and an advanced healthcare directive. These estate planning documents allow a trusted person to make medical decisions on your behalf if you’re unable to do so while traveling.

Tip 2: Know Your Rights When Traveling with Disabilities

Understanding your rights ensures a smoother travel experience. The Air Carrier Access Act (ACAA) and the Americans with Disabilities Act (ADA) protect travelers with disabilities, ensuring accessibility in transportation and accommodations. However, not all travel industry employees are familiar with these laws, so it’s essential to research and advocate for yourself.

For air travel, the Transportation Security Administration (TSA) has procedures for travelers with medical conditions, including screening accommodations. Learn about these policies in advance to avoid unnecessary stress at security checkpoints.

If you’re traveling with a caregiver or companion, make sure they have legal authority to assist you if needed. Having a financial power of attorney allows them to manage financial matters in case of an unexpected delay or emergency while you’re away.

Tip 3: Plan Ahead for Accessibility and Peace of Mind

Planning ahead is crucial for any traveler, but even more so for those with disabilities. If possible, book direct flights to avoid unnecessary stress from connections. Arrange wheelchair assistance and accessible transportation well in advance. If staying at hotels, call ahead to confirm accessibility features, as online information isn’t always accurate.

Additionally, when traveling abroad, understand the medical and legal systems of your destination. Some countries have different rules regarding medical care, insurance, and legal authority for decision-making.

Unexpected situations can also arise at any time. Having an updated estate plan ensures that your financial and medical wishes are honored, no matter where you are. A will or trust can safeguard your assets and provide instructions for your loved ones in case of an emergency.

Travel with Confidence and Security

Traveling with disabilities requires extra preparation, but it shouldn’t stop you from exploring the world. With careful research, a well-thought-out itinerary, and legal safeguards like estate planning, you can travel with peace of mind knowing you’re fully protected.

Before your next trip, take time to review your estate plan. It’s not just about preparing for travel—it’s about protecting your future.

If you need help setting up or updating your estate planning documents, click the link below to schedule a meeting with us.

As more people from the Baby Boomer generation reach their senior years, many face a new challenge: solo aging. Solo agers are individuals who don’t have children or close family members who can help them as they grow older. While many Baby Boomers are living longer and healthier lives, aging can still bring health issues like heart disease, arthritis, diabetes, dementia, or injuries from falls.

Why Solo Aging Is Different

In the past, older adults often relied on family for help with daily activities, either at home or in care facilities. But for solo agers, finding family support can be tough. According to the Pew Research Center, about 1 in 5 Baby Boomers don’t have children—twice as many as previous generations. Even if there are relatives, they might live far away.

Solo agers are often independent, educated, and financially stable. They value making their own decisions, which is great, but it also means planning ahead is crucial.

Without family nearby, solo agers face risks like:

• Medication mistakes
• Poor nutrition
• Isolation and loneliness
• Depression or alcoholism
• Dementia
• Scams and financial abuse

Without someone regularly checking in, these problems can go unnoticed, leading to serious issues.

How to Prepare for Solo Aging

The key is to plan early. Even if you’re healthy now, unexpected health issues or accidents can happen at any time.

To stay in control, appoint someone you trust to make decisions if you can’t. This could be a friend, a distant relative, or a professional like a fiduciary or guardian.

Make sure you have these legal documents:

• A Power of Attorney for financial matters
• A Healthcare Directive for medical decisions
• An Estate Plan or Trust to manage your assets

Since solo agers don’t have family support, it’s also wise to work with legal and financial professionals. They can help ensure your wishes are followed, no matter what happens.

Lastly, build a strong support network of friends, neighbors, or community groups. Regular social interaction can reduce the risk of isolation and help others notice if something is wrong.

Take Control of Your Future

While it might feel uncomfortable to think about, making plans now means you stay in control of your life and future. Having legal documents in place ensures your wishes are clear and respected. Plus, it brings peace of mind, knowing you’re prepared for whatever comes your way.

Need help with long term care planning? We’re here to guide you. Contact our office today to schedule an appointment and learn more about your options.