[WSBAPT] Contingent beneficiary in TOD deed?

[Candace Wilkerson]

I have seen a contingent beneficiary on a TODD before, and the county in which it was recorded had no problems transferring to the contingent beneficiary after the primary beneficiary died.

Best,
Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of susan at pepetersonlaw.com
Sent: Thursday, August 17, 2023 5:44 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Contingent beneficiary in TOD deed?

Hello listmates,
Client owns 50% of the home she shares with her daughter, daughter and her husband own the other 50%.  She would like to use a TOD deed to transfer her interest in the home to her daughter on her death, BUT she would also like to specify in the deed that, should her daughter predecease her, the property goes to daughter's husband.  I know that the statute specifies that the gift to a named beneficiary who does not survive the transferor lapses, and will vest in another concurrent beneficiary, but I don't seen anything one way or the other about a contingent beneficiary.  Has anyone done this?  Does anyone see a problem with it?



Susan E. Spuller
Attorney at Law

Peterson Spuller, PLLC
345 Knechtel Way NE, Suite 102
Bainbridge Island, WA 98110
206.855.9293
Fax: 206.678.0105


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