[WSBAPT] TOD alternate beneficiary?

[Candace Wilkerson]

Interesting.  I had a nasty probate case with a TODD contingent beneficiary (not my client) who ended up with the property after the TODD was upheld.  There was no argument made by the other side’s attorney that the deed wasn’t valid.  This TODD was done on a Deeds.com form.

Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sara D. Longley
Sent: Wednesday, April 8, 2020 3:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] TOD alternate beneficiary?

Thanks for all the cogent responses! I have deleted the alternate beneficiary and explained to my client that he will need to make a new TODD if his primary beneficiary predeceases him.
Sara D. Longley, J.D., LL.M.
1734 NW Market Street
Seattle, WA 98107
(206)434-5644
Sara at Longley-law.pro<mailto:Sara at Longley-law.pro>


Sent from my iPhone


On Apr 8, 2020, at 3:49 PM, Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>> wrote:

I attended as seminar right after the statute was enacted and it was the unanimous  opinion of all the presenters that you can’t expand the statute

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 Heather de Vrieze
Sent: Wednesday, April 8, 2020 3:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] TOD alternate beneficiary?

Naming an alternate beneficiary is not contemplated under the law. It will not have any effect, and I might even worry that it would cause the initial designation of the primary beneficiary to fail. This is what Wills are for.

Heather

Heather S. de Vrieze
Attorney-at-Law
<image002.jpg>
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   <https://www.facebook.com/DeVriezeCarney>
<image003.png><https://www.facebook.com/DeVriezeCarney>


*****Our office is working to do our part to deal with the COVID-19 situation that is impacting us all.
In particular, we are limiting the number of in person client appointments per day, trying to keep appointments as short as possible, with preliminary or follow-up discussions by telephone or email. I am also sanitizing all relevant spaces after each client visit.
Client appointments that can be handled by telephone should be scheduled as such.
If I am sick, I will reschedule, I ask you to do the same.*****


CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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 Sara D. Longley
Sent: Wednesday, April 08, 2020 1:46 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] TOD alternate beneficiary?

Hello listmates,

I have prepared a few Transfer on Death Deeds, but this is my first where the Grantor is requesting that we include an alternate beneficiary.  In reviewing the statute it appears that there is no provision for naming an alternate, non-concurrent beneficiary.

If I include alternate beneficiary language in the deed will it have any effect?

Thanks for your wisdom, and stay safe!

Sara Longley


Sara D. Longley
Ivy Law Group, PLLC
1734 NW Market Street
Phone: (206) 706-2909
Fax: (206) 834-6044
sara at ivylawgroup.com<mailto:sara at ivylawgroup.com>
Pronouns: she, her, hers


<image004.jpg>

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200409/06c1584f/attachment.html>