[WSBAPT] TODD/Lease Question

[Zach Jackson]

Good afternoon, listmates:


HC wants to structure his estate to avoid probate, and as part of this
plan he wishes to use a Transfer on Death Deed to transfer his home to his
children. He would also like to have a provision for his cohabiting
partner to remain in the home for up to six months after his death, for a
nominal rent.

My preferred option is to devise to the partner via the will an option to
lease the property, but I'm not sure how nicely that plays with the TODD.
Since the TODD and will go into effect at the same time, does the lease
option attach to the property before transfer, while transferor can still
encumber the property as he pleases? My hope is that a court would
interpret both the TODD and will as part of a cohesive estate plan and
uphold the lease if it came to a dispute, but I'd appreciate any input
from those who have done something like this, or those who feel a stroke
of inspiration.

Cheers,
Zach Jackson

-- 
Zach Jackson
Law Offices of Zachary T. Jackson, PLLC
ztjackson at gmail.com 
zach at ztjlaw.com

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