[WSBAPT] Transfer on Death Deed/Excise Tax Affidavit

[Heather de Vrieze]

In my experience this is one instance where the REETA can be signed by one party (grantee) only.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of steve at aitalaw.com
Sent: Monday, July 25, 2022 10:54 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Transfer on Death Deed/Excise Tax Affidavit

After the transferor of a Transfer on Death Deed dies, WAC 458-61A-2-202(6)(d) says that the death certificate needs to be recorded. OK, that's easy. However, the example in WAC 458-61A-303(4)(c) says that in order to perfect title, the beneficiaries of the TODD must record the death certificate and sign the Excise Tax Affidavit claiming the appropriate exemption. So here's my question: As a practical matter, who signs the affidavit on the Grantor line of the form? By definition, the Grantor is deceased before this affidavit even comes into play, and chances are the TODD was used as a probate avoidance technique and there's probably no PR appointed to stand in the Grantor's shoes or act as the Grantor's agent. Has anyone else had this come up before?

Thanks,

Steve Aita

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P. Stephen Aita
Attorney at Law
Admitted in Washington & Idaho

3010 Harborview Dr., Suite 301
Gig Harbor, WA  98335-1977
Tel.: (253) 858-5434
Fax: (253) 276-2373

steve at aitalaw.com
www.aitalaw.com
www.facebook.com/aitalaw

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