[WSBAPT] TDD

[Heather deVrieze]

I hate to disagree with all you learned folks, but I don’t think delivery is enough if this was a Transfer on Death Deed, and not simply a quit claim deed or similar, where the normal delivery rules apply.

RCW 64.80.060
Requirements.
A transfer on death deed:
(1) Except as otherwise provided in subsection (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;
(2) Must state that the transfer to the designated beneficiary is to occur at the transferor's death; and
(3) Must be recorded before the transferor's death in the public records in the office of the auditor of the county where the property is located.

Note the requirement of sub 3.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Sweeney
Sent: Monday, April 02, 2018 10:06 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] TDD

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
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E-mail:D.sweeney at smithzuccarini.com<blocked::mailto:D.sweeney at smithzuccarini.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Monday, April 02, 2018 9:49 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto: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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