[WSBAPT] Title Insurance for Transfer On Death Deed property

Tue Sep 28 14:45:27 PDT 2021

Problem with disclaimer option is that under federal law I think only
surviving spouse can disclaim an asset and then otherwise be a beneficiary
of that same asset (e.g. disclaimer trust). Perhaps an indemnity agreement
with title company/beneficiaries might work as risk would be low if NTC was
given?  Good luck! Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone:
360-472-1223 

Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St #214,
Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Jennifer L White
Sent: Tuesday, September 28, 2021 1:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Title Insurance for Transfer On Death Deed property

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.                              

 <mailto:jen at appletreelaw.com> jen at appletreelaw.com

PO Box 11037

Yakima, WA 98909

509.225.9813

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 Jane Bitz
Sent: Tuesday, September 28, 2021 1:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto: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)

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