[WSBAPT] Will vs. TODD

[Paul Neumiller]

OK, so we know the title companies have multiple problems with Transfer on Death Deeds.  But, I was wondering has anyone done an analysis of whether it is a good idea to prepare a TODD anyway and give the family an option to use the TODD if the circumstances are right when the Decedent passes. (A lot of estate planning clients are coming in and requesting a TODD)  RCW 64.80.100 appears to lock-in the family if the Decedent signed and recorded a TODD.  But a beneficiary can still disclaim the interest using RCWs 64.80.110 and 11.86.041 "(1) Unless the instrument creating an interest directs to the contrary, the interest disclaimed shall pass as if the beneficiary had died immediately prior to the date of the transfer of the interest."

So, can a beneficiary disclaim receiving the real property via the TODD but still receive the real property via terms of the Decedent's Will?  (Yeah, I know, the recipients under the TODD and under the Will need to be the same.)  If so, then by preparing the TODD, the family may have the option to utilize the TODD if it's a good idea and disclaim the TODD if its not a good idea.  Any thoughts?


[cid:image001.jpg at 01DAF311.9284C7E0]


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240820/0cb8f9c1/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240820/0cb8f9c1/image001.jpg>