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

[Diane J. Kiepe]

Nicholas,

I may be misunderstanding your question but the Transfer on Death deed does vest title immediately, just subject to the lien.  The sale can happen but the beneficiary just needs to have the lien paid out of the closing proceeds.  The state is very willing to work with a Sellor in that regards.

Best of luck,

Diane J. Kiepe

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Thursday, May 16, 2019 4:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Clearing title on sale with Transfer on Death Deed

So don't know but does the State (DSHS) manage this program and if yes, you can get a letter pretty quick from them as to if any amounts are owed, right?

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-------- Original Message --------
Subject: [WSBAPT] Clearing title on sale with Transfer on Death Deed
From: Nicholas Pleasants <nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>>
Date: Thu, May 16, 2019 4:30 pm
To: "wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
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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