[WSBAPT] TODDs and Community Property

[Tara M. Roberts]

I'm having trouble reconciling the effect of the language of the TODD
statute when only one spouse executes a transfer on death deed for community
property.

 

RCW 64.80.100(4)(a) says that if the property is community property and the
transferor is married and is not joined in the deed by the spouse, then the
transferor's interest in the property is transferred to the designated
beneficiary upon the transferor's death.

 

This seems to contradict the provisions of RCW 26.16.030 that prohibits one
spouse from conveying an interest in community property without the other
spouse joining in the execution of the deed.  I'm more death than dirt or
domestic, so maybe I'm missing something.  Is it because the TODD is a
"transfer" effective upon the death and the transferor is not "conveying" or
"giving" the community property?

 

What if the couple has a traditional 3-prong Community Property Agreement?
Does the TODD or the CPA control the disposition of the first-to-die
spouse's interest?

Can a rogue spouse that completes a TODD on their own override the surviving
spouse's right to the community property under the CPA?

 

RCW 64.80.100 seems to give the spouse greater protection if they join in
the deed under (4)(b), than if they don't.

This doesn't make sense to me.  Can anyone shed some light on this?

 

Tara M. Roberts

Puget Sound Law pllc

roberts at pugetsoundlaw.com <mailto:roberts at pugetsoundlaw.com> 

 

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