[WSBAPT] Clearing title on sale with Transfer on Death Deed

[James Bates]

Jumping in late on this one as I've run into the problem that certain local title companies will not honor TOD Deeds that do not match the Last Will and Testament and will required excluded beneficiaries sign off on the transfer.  So yea, I'm terribly disappointed that TODs vest legal title automatically, but our insurance overlords have determined that they can ignore RCWs because "they don't like the statute."  Hope banks don't learn about this and start to dishonor JTWOS accounts in conflict with Wills!

Ugh,

James Bates, Attorney
Luce & Associates, P.S.
4505 Pacific Hwy. E., Suite A
Tacoma, WA 98424
T: (253) 922-8724
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www.LuceLawFirm.com<http://www.LuceLawFirm.com>  [e943ecc8-5be2-4768-a17e-1b829b908afe] <https://www.facebook.com/pages/Luce-Kenney-Associates-PS/200703820101348>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Thursday, May 16, 2019 4:30 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Clearing title on sale with Transfer on Death Deed

Transfer on Death Deeds have been around for a few years now, but this is my first time assisting a client with selling the residence after the grantor died. Title Report has an exception for potential Medicaid lien on grantor's estate. Any suggestion how I can go about clearing that? Title Company had suggested a Lack of Probate affidavit, but that seems like overkill. I'm slightly disappointed that the Transfer on Death does not seem to vest title quite so automatically. Thanks for any help.

Best,
Nick

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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