[WSBAPT] Division of property at a passing. Will vs. TOD
Robert R. Cole
cole-gilday at stanwoodlaw.net
Mon Jul 15 14:04:14 PDT 2019
I would suggest only using a Will to set it up with all the details
possible. But, in Snohomish County I had a mess in an estate where the
decedent previously made an illegal segregation that was substandard in
size, and Planning worked with us to use the testamentary segregation to
add property to that existing lot. It may have been a stretch, but
sometimes it doesn't hurt to ask.
Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.
10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)
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On 7/15/2019 12:54 PM, Ken Luce wrote:
>
> I am concerned the division wouldn’t occur if a trust is involved and
> not a probate.
>
> Ken Luce
>
> *From:*wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Tom Westbrook
> *Sent:* Monday, July 15, 2019 11:46 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Division of property at a passing. Will vs. TOD
>
> 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
>
> whiteRKCS_newlogo50_email_sig
>
> Rodgers, Kee Card & Strophy, P.S.
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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 *Eric Nelsen
> *Sent:* Monday, July 15, 2019 10:36 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
> <mailto: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>
> [mailto:wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of
> *michael at westseattleattorney.com <mailto: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
> <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*
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