[WSBAPT] TOD Issue

[Nick Pleasants]

Hi Maura,
I agree with Jamia. The term to use is “Successor In Interest”. You can demonstrate that by providing the Transfer on Death Deed and the Death Certificate to the lender. For example, see BECU’s information here<https://www.becu.org/-/media/Files/PDF/P-1250.pdf>. The lender should have a form for this purpose. Sometimes it takes a few tries to get the lender the documentation they want. I have never tried to do it without Letters Testamentary, but the inheritors should be able to talk directly with the lender once the lender recognizes them as the Successors In Interest.
Best,
Nick

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jamia Burns
Sent: Tuesday, January 10, 2023 2:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] TOD Issue

Take a death certificate to the County Treasurer with a Reeta and get the property officially transferred to the new owners on the County's website. Then send a copy of the deed, a death certificate, and the state law regarding Transfer on Death Deeds to the Lender. Good luck!

Jamia S. Burns
Attorney at Law
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Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
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On Tue, Jan 10, 2023 at 1:14 PM Maura McCoy <maura at theharborlawgroup.com<mailto:maura at theharborlawgroup.com>> wrote:
The decedent left behind a spouse and two kids from a previous relationship. Decedent owned a house as separate property and created a TOD for that property to go to his two kids. House has a mortgage. Mortgage lender refuses to talk to surviving spouse or kids, or even provide payoff amount and is requesting letters testamentary.  Has anyone dealt with this issue before? Any ideas on ways to avoid opening probate?


Maura Senecal McCoy | Associate Attorney
(she/her/hers)

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