[WSBAPT] Drafting Input/Reality Check

Roger Hawkes roger at skyvalleylawyers.com
Thu Dec 1 14:15:31 PST 2022


Kailei: why two years? Rather than some other time period?

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kailei Feeney
Sent: Thursday, December 1, 2022 1:59 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Drafting Input/Reality Check

Agreed with Joshua and would add to the consideration of appropriateness of TODD is the question "Is the beneficiary/ transferee planning on selling within two years of the transfer pursuant to death." That title companies I'm working with are (rightly in my opinion) requiring more for a TODD beneficiary to sell immediately.

Kailei

Kailei B. Feeney
Attorney-at-Law
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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 Joshua McKarcher
Sent: Thursday, December 1, 2022 1:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Drafting Input/Reality Check

I would do the wills ONLY, no TODDs at all, and I would ensure I have carefully provided for the various scenarios of one dying with or before the parents. (NOT, "We will change the wills then." "Not if you don't have capacity, you won't!")

I just firmly believe TODDs are useful for single people with one single heir at law who in turn maybe has one single descendant. But I'm a twit that way.

Best, Josh


Joshua D. McKarcher

McKarcher Law PLLC

537 6th Street

Clarkston, WA 99403

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(509) 758-3314 (fax)

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www.mckarcherlaw.com<http://www.mckarcherlaw.com/>

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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 Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
Sent: Thursday, December 1, 2022 2:26:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Drafting Input/Reality Check


Hey!  I hope everyone is warm.  I am preparing the estate planning documents for a married couple with two sons.  One parcel goes to one son and one parcel goes to the other son.  I plan on using transfer on death deeds for the parcels but I ask this listserv if I should also put the specific bequests for the parcels in the parent's Wills?  Is it belt and suspenders overkill to prepare TODDs and put the bequest in the parent's Wills.





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