[WSBAPT] Q re TOD deed

Mike Zeno mikez at zenolawfirm.com
Wed Feb 8 09:54:05 PST 2023


Dear all:

RCW 64.80.100(1)(b) says, "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."  Is there a way to override this so that property would pass, via such a deed, to the issue of a predeceased beneficiary by right of representation?  More specifically:  does something else in Title 11 cure this problem?  Do folks address this in the deed itself by introducing language that negates the lapse-effect of the statute?  Is their legal authority that it is possible to override the statutory language in this manner?

Mike

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