[WSBAPT] Rev Transfer on Death Deed

Mark Anderson marka at mbaesq.com
Wed Dec 20 12:03:08 PST 2023


You might want to consider forming an LLC with one child owning 60% of the units and 40% going to the other child.  The transfer on death deed would identify the LLC as the grantee.  If the transfer on death deed is not revoked prior to death, then it seems that would accomplish your client's goal.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ronda Larson Kramer
Sent: 12/06/2023 7:39 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Rev Transfer on Death Deed

You're correct. A transfer on death deed does not allow anything more than rudimentary estate planning. Anything more complicated requires a will or a trust. Probably the reason is that the legislature saw that more complex divisions require oversight by someone other than a mere county auditor.

Ronda Larson Kramer
(she/her/hers)
J.D., LL.M. Taxation, Owner

LARSON LAW, PLLC
Elder Law, Estate Planning
P.O. Box 7337
Olympia WA 98507
Ph: 360-768-0775
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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 Shannon Jones
Sent: Wednesday, December 6, 2023 5:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Rev Transfer on Death Deed

Listmates, Client would like to use a Revocable Transfer on Death Deed to transfer property to his children 60% to one child, 40% to other child. I have read and re-read RCW 64.80 and my concern is RCW 64.80.100(1)(c): "Subject to (d) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship." Does this mean an RTDD can only transfer "equal" shares to multiple beneficiaries? Input appreciated.

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
Direct:  253.848.3515
Office: 253.848.3513| Fax: 253.845.4941
317 South Meridian
Puyallup, WA 98371
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