[WSBAPT] Title Insurance for Transfer On Death Deed property

[Roger Hawkes]

Get waivers or deeds from the todd beneficiaries.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
Fax: 206 367 4005

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jane Bitz
Sent: Tuesday, September 28, 2021 1:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Title Insurance for Transfer On Death Deed property

Hi All:

I have a "new to me" issue in an estate. We opened probate on an estate where most of the cash assets passed to the beneficiaries as non-probate transfers. We (and our client) thought that the Estate had to sell a home and lot adjacent to the home. Unknown to our client, her mother had signed a Transfer on Death Deed (TODD) giving the property equally to all of the estate beneficiaries.

In the process of listing the home, the realtor had preliminary title pulled on the property and the TODD was discovered. Now that Title company and one other have refused to title insure around the TODD until 2 years after the decedent's death because "the property is subject to the debts of the decedent."

Even though I pointed out that the probate is open and creditor's are being dealt with in the now unnecessary probate, they will not insure around the TODD. Any suggestions, feedback, etc. are welcome.

Thanks.
Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<http://www.wolffandhislop.com/>


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