[WSBAPT] TODD question

[Joshua McKarcher]

That has been my take. A major reason I think these are good for very straightforward situations, but are very blunt instruments, really. Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marcus J. Fry
Sent: Thursday, October 27, 2022 4:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] TODD question

If mother wants to leave her residence to her 2 daughters, but if one of them predeceases she wants it to go to daughters' children, I do not think I can build that contingency into the deed because based upon RCW 64.80.100(1)(d) the interest of the deceased daughter passes to the other surviving daughter correct?

RCW 64.80.100<http://app.leg.wa.gov/RCW/default.aspx?cite=64.80.100>
Effect at transferor's death.
(1) Except as otherwise provided in this section, or in RCW 11.07.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.07.010>, and 11.05A.030<http://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.030>, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
(a) Subject to (b) of this subsection, the interest in the property is transferred to the designated beneficiary in accordance with the deed.
(b) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.
(c) Subject to (d) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.
(d) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.


Marcus J. Fry
Attorney | Witherspoon * Kelley
mjf at witherspoonkelley.com<mailto:mjf at witherspoonkelley.com> | Attorney Profile<https://www.witherspoonkelley.com/marcus-j-fry> | vCard<https://www.witherspoonkelley.com/s/mfj.vcf>

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