[WSBAPT] TOD Deeds

[jeffrey winter]

Not contesting your conclusion, Heather, but I believe a form put forth at the Mid-Year RPPT meeting materials allowed for contingent beneficiaries (although I don't believe it specifically addressed disclaimer)...is that form in error?
 



Jeffrey D. Winter


Law Office of Jeffrey D. Winter, P.S.

604 North Main
Street

Ellensburg, WA
98926

(509) 925-9600
tel.

(509) 925-9606
fax


 
From: heatherd at westseattlelaw.com
To: wsbapt at lists.wsbarppt.com
Date: Fri, 12 Dec 2014 00:16:58 +0000
Subject: Re: [WSBAPT] TOD Deeds









The consensus of the panel on this subject at the recent Estate Planning CLE was that you cannot do what you propose effectively. As I understand it, all grantees must be given simultaneous and equal interests
 and cannot be survival contingencies in the document. Similarly, you could not give ½ to son and ½ to son’s children equally.
 
Heather
 

Heather S. de Vrieze

Attorney-at-Law

3909 California Avenue SW
Seattle, WA 98116-3705                         

(206)938-5500

heatherd at westseattlelaw.com

www.westseattlelaw.com

 
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com]
On Behalf Of Paul Neumiller

Sent: Thursday, December 11, 2014 3:48 PM

To: wsbapt at lists.wsbarppt.com

Subject: [WSBAPT] TOD Deeds


 
Listservers: Has anyone done the following yet?  
 
Client wants to use a Transfer on Death Deed to transfer residence to Able, and if Able is deceased or disclaims the residence (RCW 64.80.110 says the beneficiary may disclaim), then residence goes to Baker.  RCW 64.80.100(1)(b) says the
 transfer “lapses” if the beneficiary fails to survive the transferor.  Does the collective mind of the listserv believe that it would be an effective TODD if I put:  “To Able, and if Able either fails to survive me or chooses to disclaim Able’s beneficiary
 interest in this Revocable Transfer Upon Death Deed pursuant to RCW 64.80.110, then to Baker.”???  Thanks for your input.
 




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