[WSBAPT] TOD Deeds

[Heather deVrieze]

The title company rep who presented last week seemed to indicate that this wouldn't work.

I guess, even if the form allows for it, that the title companies might not like it worries me.

His contact info is
Dwight Bickel
Fidelity National Title Group
Phone:
(206) 370-3189
Email: Dwight.Bickel at fntg.com

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of jeffrey winter
Sent: Thursday, December 11, 2014 4:36 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] TOD Deeds

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<mailto:heatherd at westseattlelaw.com>
To: wsbapt at lists.wsbarppt.com<mailto: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
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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