[WSBAPT] TDD

[David Sweeney]

Might also keep in mind that the stepped-up cost basis at date of death could be lost if the transfer was before then.

David B. Sweeney
Smith & Zuccarini, P.S.
2155-112th Avenue NE
Bellevue, Washington 98004
Telephone:  425-453-4455
Direct Line: 425-990-1586
Facsimile:   425-453-4454
E-mail:D.sweeney at smithzuccarini.com<blocked::mailto:D.sweeney at smithzuccarini.com>
www.smithzuccarini.com<http://www.smithzuccarini.com/>
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Monday, April 02, 2018 9:49 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] TDD

Was there actual delivery to the beneficiary before death or was this a “record after I die” situation. If deed was not delivered before death, then there was no valid conveyance.

A lot will also depend on the title underwriter and if there are sufficient facts that would make them comfortable that delivery took place before death so they can insure the title.  Keep in mind that there is a penalty for not paying excise tax within 30 days of the date of the deed (if any  excise tax was due such as if there was an outstanding mortgage).

Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>
Sent: Monday, April 2, 2018 9:24 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] TDD

Deed notarized a few years ago but client did not record the Deed before he died. Beneficiary recorded the Deed the4 next business day after he died. Is this effective to convey ?
Thanks
Mike

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