[WSBAPT] Can an Heir Contest a TODD?

Carl Gay carl at greenawaylawfirm.com
Wed Feb 15 15:40:46 PST 2023


Affirms my general rule to advise clients against using the transfer on death deed as a substitute for a personal representative deed in a probate.

 

CARL LLOYD GAY

 

Non nobis solum nati sumus

     “Not unto ourselves alone are we born” 

           ~the motto of Willamette University~

             

GREENAWAY, GAY, MEDINA & MYERS

Attorneys and Counselors at Law                     

734 East First Street       Suite A

Port Angeles, Washington   98362

Email                       <mailto:carl at greenawaylawfirm.com> carl at greenawaylawfirm.com

Telephone                (360) 452-3323

Facsimile                  (360) 452-3724 

 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Wednesday, February 15, 2023 2:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Can an Heir Contest a TODD?

 

There is a two year sol, from death, for folks to sue a decedent’s estate; I assume that is what it’s about.

 

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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