[WSBAPT] Drafting Input/Reality Check

[Bryce Dille]

If the property was sold by the beneficiary of the TODD then the proceeds would be subject to the claw back not the interest in the property held by a good faith purchaser and for fair consideration.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, December 1, 2022 3:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Drafting Input/Reality Check

Agree with Kailei. The 2-year bar on creditors is what I believe the title companies rely on. Until that time limit passes, there’s always a possibility of a probate being started and the PR trying to claw back the property under RCW 11.18.200(2)(d)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.18&full=true#11.18.200>.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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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 Kailei Feeney
Sent: Thursday, December 1, 2022 2:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Drafting Input/Reality Check

In my experience (though interested in what other have been experiencing) title companies are tying the 2-year time frame to RCW 11.40.051 (creditors claims not presented within two years are forever barred).

Without any administration to confirm all interests, including those of viable creditors, have been properly notified, an insurance company has nothing to base its commitment for insurance. “More” can be a lack of probate affidavit but each later “more” is cost and complication that never occur in a simple probate.

Kailei
Kailei B. Feeney
Attorney-at-Law
[cid:image005.jpg at 01D90597.A911D8E0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.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 Ann Manley
Sent: Thursday, December 1, 2022 2:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Drafting Input/Reality Check

Kailei- can you explain more about what you mean? Is there an issue if the TODD beneficiary wants to sell within 2 years?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
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On Thu, Dec 1, 2022 at 2:05 PM Kailei Feeney <kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>> wrote:
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
[cid:image005.jpg at 01D90597.A911D8E0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.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 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

(509) 758-3345

(509) 758-3314 (fax)

josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>

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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