[WSBAPT] Title Insurance for Transfer On Death Deed property

[Jennifer L White]

Jane,
Off the top of my head:

  1.  Go to yet another title company. 3rd time may be the charm.
  2.  If you are within 9 mo's from death, what about all TODD ben's signing a disclaimer of their TODD ben status (not anything more). The TODD statute removes deceased ben's, so if everyone signs this should put the property back into the estate.

Jennifer L. White, Esq.
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jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

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]
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