[WSBAPT] Removal of RP from RLT as TOD - One Recording or Two?

[Doug Owens]

Dear John, as silly as it may be, there is probably no real alternative to the  two conveyances.  RCW 64.80.050 indicates the capacity required of a person to make a TOD deed is the same as that of a will.  RCW 11.12.010 indicates a natural person may devise all of his or her estate by will.  So the trustee would not be devising “his or her estate” by the transfer you raise as to recording a TOD deed, retaining title in the trust.  And the problem with the earlier alternative is that the grantee of the TOD deed would be the trust grantor, not the intended beneficiary on the grantor’s death.  Yours truly, Doug Owens
On Sep 18, 2017, at 10:17 AM, sullaw at comcast.net<mailto:sullaw at comcast.net> wrote:

Listmates:

I have a client who wants to remove her condo from her revocable trust and/or establish it as TOD to her child at her death.

Is there a way to accomplish the TOD objective without two recordings (incurring two recording fees)?

Can I have her, as trustee, quitclaim the condo out to herself in distribution and simultaneously convert her ownership to the TOD form in a single deed?

Or, can the trustee, at her direction as grantor record a TOD deed, retaining title in the name of the RLT?

Or, do I have to quitclaim out to the grantor, who then records a second TOD deed?

It seems silly to require two recordings in this case.

Best regards,
John J. Sullivan,
Attorney

Lyons | Sullivan
10655 NE 4th Street, Suite 704
Bellevue, WA  98004
425·451·2400 tel 425-451-7385 fax
www.dljslaw.com<http://www.dljslaw.com/>

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