[WSBAPT] Can an Heir Contest a TODD?

Wed Feb 15 15:35:43 PST 2023

Way to go - thanks for sharing - M

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Dalynne Singleton <dalynne at glgmail.com>
Sent: Wednesday, February 15, 2023 3:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Can an Heir Contest a TODD?

I have had two cases on TOD deeds.

  1.  I was able to file a TEDRA for fraud against the daughter of the decedent who received and recorded the TOD to avoid creditors.  A TEDRA agreement was reached in that one and a deed transferring the property back to the Estate was recorded.
  2.  I had the court declare, as a matter of law, a TOD transfer because it was recorded hours AFTER death which the statute does not allow.  The court order for a TOD revocation was made and it has been recorded.  The house/property became an estate asset.  My client is one of the heirs of the Estate.  The TOD recording transferred the property to one sister of four siblings.  The Will provides for all 4 children.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.568.8092  fax

dalynne at glgmail.com<mailto:dalynne at glgmail.com>

Website:  www.glglawgroup.com<http://www.glglawgroup.com/>

Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, Microsoft teams or in person meeting, please call or email my paralegal theresa at glgmail.com, angelina at glgmail.com<mailto:theresa at glgmail.com,%20angelina at glgmail.com> or dominika at glgmail.com<mailto:dominika at glgmail.com>.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Wednesday, February 15, 2023 2:46 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Can an Heir Contest a TODD?

That is fascinating; I could see a creditor being able to contest for 2 years but have not heard the information below – will be curious to see responses.

Diane J. Kiepe

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>

509-455-5300

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 Lynn Clare
Sent: Wednesday, February 15, 2023 2:37 PM
To: WSBA Probate & Trust listserve <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Can an Heir Contest a TODD?

A title company just told me that a TODD can be contested by an heir not named as a beneficiary for up to two years after the Grantor's death.

RCW 64.80 says nothing like this. Does anyone know if a TODD can be disputed by an heir not named as beneficiary?

Lynn Clare

Clare Law Firm, PLLC

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