[WSBAPT] Recording TOD Deed post mortem?

[Philip N. Jones]

The interest of the deceased beneficiary lapses.  RCW 64.80.100.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
Portland, OR
pjones at duffykekel.com
(503) 853-1482 cell

On May 1, 2021, at 11:37 AM, Laurel Brown <laurel.brown8385 at gmail.com> wrote:


What happens when a TODD is recorded and the beneficiary precedes the grantor in death?

Does another recording have to take place, removing the deceased beneficiary from title?

Thanks in advance!

On Sat, May 1, 2021 at 11:25 AM Mimi Wagner <mimi at sanjuanlaw.com<mailto:mimi at sanjuanlaw.com>> wrote:
Sorry, to be very clear: Must be recorded prior to death to be effective.  RCW 64.80.060.

During COVID lockdown I recorded some of these and had to beg to get them recorded quickly when recordings were otherwise taking ages.  Of course there is e-recording.

Mimi M. Wagner
Attorney at Law
mimi at sanjuanlaw.com<mailto:mimi at sanjuanlaw.com>
Phone (360) 378-6234
Fax (360) 378-6244
www.sanjuanlaw.com<http://www.sanjuanlaw.com/>



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 Mimi Wagner
Sent: Saturday, May 1, 2021 11:08 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Recording TOD Deed post mortem?

This is a problem.  It needs to be recorded to be effective.  RCW 64.80.060.  That is a trap for the unwary with these deeds.  Record ASAP.

Mimi M. Wagner
Attorney at Law
mimi at sanjuanlaw.com<mailto:mimi at sanjuanlaw.com>
Phone (360) 378-6234
Fax (360) 378-6244
www.sanjuanlaw.com<http://www.sanjuanlaw.com/>



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 jbdolan at jbdolan.com<mailto:jbdolan at jbdolan.com>
Sent: Saturday, May 1, 2021 10:50 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Recording TOD Deed post mortem?

Gentleman executed a TODD about a year ago, but did not record it.  He died last week.  I’ve never encountered this situation before – can the TODD be recorded now?

Jim Dolan

===================

Jones Butler Dolan, PS
www.jbdolan.com<http://www.jbdolan.com>
www.jonesbutlerdolan.com<http://www.jonesbutlerdolan.com>

Mount Vernon

P.O. Box 2784
415 Pine Street
Mount Vernon, WA 98273
Telephone: 360-336-2939
Facsimile: 360-336-2949

Stanwood

P.O. Box 458
10027 - 269th Place NW (SR 532)
Stanwood, WA 98292
Telephone: 360-629-3833
Facsimile: 360-629-6253


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--
Laurel Brown
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
info at lbrownlaw.com<mailto:info at lbrownlaw.com>
425-361-6286
***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.***
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