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

Mon Jul 15 11:46:09 PDT 2019

The subdivision laws of RCW 58.17 do not apply to: Divisions made by
testamentary provisions, or the laws of descent. RCW 58.17.040(3)

Don’t know if that applies to TOD Deed. I would argue it is not a
testamentary document and is not part of the laws of decent, but have no
knowledge about any case saying so. In my practice I would not try it.

I can say from experience as recent as 2 years that the testamentary
subdivision if properly called out in a Last Will and Testament will be
honored  by the planning departments of Pierce and Thurston Counties. It
does not require a court order and is not done in probate; it has to be
specifically done in the Will or Trust.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

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Rodgers, Kee Card & Strophy, P.S.

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Eric Nelsen
*Sent:* Monday, July 15, 2019 10:36 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Division of property at a passing. Will vs. TOD

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 <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

-------- Original Message --------
Subject: [WSBAPT] Division of property at a passing. Will vs. TOD
From: Ken Luce <Ken.Luce at lucelawfirm.com>
Date: Mon, July 15, 2019 9:59 am
To: WSBA Probate & Trust Listserv <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.*

4505 Pacific Hwy. E., Suite A

Tacoma, WA 98424

T: (253) 922-8724

F: (253) 922-2802

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e943ecc8-5be2-4768-a17e-1b829b908afe]*
<https://www.facebook.com/pages/Luce-Kenney-Associates-PS/200703820101348>

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