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

[John McCrady]

I see a  problem with the Trustee conveying by TOD deed:
Under a TOD deed title transfers “on the death of the transferor”, but the transferor in this case is the trustee of the trust.



John McCrady
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of sullaw at comcast.net
Sent: Monday, September 18, 2017 10:18 AM
To: Listserv, WSBA <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Removal of RP from RLT as TOD - One Recording or Two?

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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