[WSBAPT] Division of property at a passing. Will vs. TOD

[Eric Nelsen]

I know the division-by-inheritance is possible in theory, but as a practical matter the resultant lots still have to meet zoning and land use requirements to be buildable, so I have always assumed this theoretical right is basically useless.

That said, I don't think there is any case law yet on the question of whether or not a TOD deed can accomplish the same kind of non-conforming land subdivision. I would probably start by re-reading the case opinion that allowed the subdivision by Will to figure out the legal rationale, and see how closely it might apply to a TOD deed.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of michael at westseattleattorney.com
Sent: Monday, July 15, 2019 10:23 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Division of property at a passing. Will vs. TOD

My old understanding is that the separation of powers idea gives a Court Order the same effect as an Administrative lot line adjustment but I have not seen anyone do it. I don't see how a deed in probate would rise to the level of an Order but I agree why not since the Deed references the probate no. etc

[cid:image002.png at 01D53AF9.27A65EA0]

-------- Original Message --------
Subject: [WSBAPT] Division of property at a passing. Will vs. TOD
From: Ken Luce <Ken.Luce at lucelawfirm.com<mailto:Ken.Luce at lucelawfirm.com>>
Date: Mon, July 15, 2019 9:59 am
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
If a person can designate property in a probate to avoid the line adjustment process can the same be done by tod deeds that contain the same legals to avoid probate?

Ken Luce

Kenyon E. Luce, Attorney
Luce & Associates, P.S.
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