[WSBAPT] TODD

[Kate Gamble]

Short answer: no.

The transferor may only be an individual:

RCW 68.80.010(7) "Transferor" means an individual who makes a transfer on
death deed.

A trust, corporation, or other non-human ³person² may only be the
beneficiary of the TODD.  Since a trust can¹t ³die,² this makes sense.  If
property is owned by the trust, it would pass according to the terms of the
trust.  


Kate Gamble

Attorney at Law

Uptown Law PLLC

PO Box 835

Port Townsend, WA 98368

(360) 379-1818





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From:  <wsbapt-bounces at lists.wsbarppt.com> on behalf of Derek Jensen
<derek at jensenestatelaw.com>
Reply-To:  WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date:  Wednesday, July 27, 2016 at 5:45 PM
To:  WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject:  Re: [WSBAPT] TODD

Actually the definition in the statute for person includes trust not trustee
and the definition for transferor is an individual. This makes sense since
the transfer occurs on the death of the transferor.
 

Sincerely,
 
Derek W. Jensen, JD, LLM
 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mary L. Stone
Sent: Wednesday, July 27, 2016 4:53 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] TODD
 
 

Can a Trustee sign a TOD deed for real estate held in the RLT?  The statute
includes, in the definition section, the fact that a ³person² includes a
trustee, but then ³person² is not used again in the statute ­ transferor is
used.
 
Thanks.
 
Mary L. Stone
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