[WSBAPT] Transfer on Death Deed

Mon Jun 8 16:17:26 PDT 2015

Here's a sample.

Best regards,

Kerry E. Brink
Kerry E. Brink * Attorney

Estate Planning, Probate, Elder Law

[VJG logo-2008]

PO Box 1315
1201 Pacific Ave Suite 1900
Tacoma, WA   98401-1315
www.vjglaw.com<http://www.vjglaw.com/>

* kbrink at vjglaw.com
* 253.383.3791 (main)
         253.591.8555 (direct)
         253.383.6377 (fax)
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Monday, June 08, 2015 3:47 PM
To: WSBA Probate Listserve
Subject: [WSBAPT] Transfer on Death Deed

Has anyone prepared a transfer on death deed in Washington under new statute rules?

RCW 64.80 provides what needs to be in the Deed.
64.80.060
Requirements.
A transfer on death deed:

     (1) Except as otherwise provided in subsection (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;

     (2) Must state that the transfer to the designated beneficiary is to occur at the transferor's death; and

     (3) Must be recorded before the transferor's death in the public records in the office of the auditor of the county where the property is located.
It is interesting that the beneficiary is liable for creditor's claims against transferor's probate estate:
64.80.120
Liability for creditor claims and statutory allowances.
A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in RCW 11.18.200<http://app.leg.wa.gov/rcw/default.aspx?cite=11.18.200>, 11.42.085<http://app.leg.wa.gov/rcw/default.aspx?cite=11.42.085>, and chapter 11.54<http://app.leg.wa.gov/rcw/default.aspx?cite=11.54> RCW.
If you have a sample, I would like to see it.  Thanks.

Dalynne Singleton
SINGLETON LAW GROUP, INC., P.S.

1541 Piperberry Way SE, Suite 105
Port Orchard, WA  98366

Phone: 360-329-4079
Fax:     360-443-1259
E-mail: dalynne at singletonlawgroup.net<mailto:dalynne at singletonlawgroup.net>
Web:    www.singletonlawgroup.net<http://www.singletonlawgroup.net/>

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