[WSBAPT] Heirs of deceased Heir

[Eric Nelsen]

Whoops-second issue is the TODD. See RCW 64.80.100(4)<https://app.leg.wa.gov/RCW/default.aspx?cite=64.80&full=true#64.80.100>, which I'm not sure I fully understand. It appears to say that a TODD, if executed by only one spouse on community property, IS effective to transfer to the beneficiary. However, I don't think that addresses the problem of priority between the CPA and the TODD. In my experience, courts have given CPAs very strong effect, and treat them as contracts that cannot be unilaterally abandoned by one of the spouses merely by making an alternative disposition of cp in a Will or other instrument executed after the CPA was executed. There's a lot of case law on that question, in a lot of contexts. A good starting point is WSBA Community Property Deskbook, Ch. 4.17 on CPAs, and Ch. 5.1 on agreements as to character of property in general.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: Eric Nelsen
Sent: Thursday, January 5, 2023 9:20 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: RE: Heirs of deceased Heir

Law school exam! How I don't miss those.

It sounds like, I think: H dies, married to W, with a Community Property Agreement. I'm guessing it's a three-prong agreement that says everythng they own is cp, everything they acquire thereafter is cp, and at death of one the other inherits all cp? In that case, all property passed to W upon H's death, and H's will shouldn't enter into things at all. Or is there some property that didn't get captured by the Community Property Agreement?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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 michael westseattleattorney.com
Sent: Thursday, January 5, 2023 8:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Heirs of deceased Heir

Decedent dies testate and is survived by sister who he disinherits. His brother died a couple years ago and left a son. Will specifically says deceased brother's share would lapse if he predeceased him. So that is simple; but Decedent had executed and recorded a Transfer on Death Deed giving his real estate as tenants in common, to his deceased brother, his deceased brother's wife, and two friends.  Would the heirs of the deceased brother take his share of the real property? If yes, since he had a Community Property Agreement with his wife who died a year after he died, would wife's heirs take instead or are they subject to the Wills lapse language?
Thanks
Mike

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