[WSBAPT] Revocation of TODD where one grantor is deceased

[Ann Manley]

I would list just the surviving spouse as the grantor on the revocation,
correct? Would I need to mention the deceased grantor on the revocation?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com

*The Manley Law Firm practice areas include Bankruptcy*, Estate Planning,
Auto Accidents, Civil Litigation, Construction, Commercial and Contract
Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and
Compensation claims*

** The Manley Law Firm is a Debt Relief Agency. We help people file for
bankruptcy relief under the Bankruptcy Code.*

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On Sat, Feb 3, 2024 at 10:27 AM Mark Anderson <marka at mbaesq.com> wrote:

> You probably already know this, but RCW 64.80.100 discusses this situation.
>
>
>
> (3) If a transferor is a joint owner and is:
>
> (a) Survived by one or more other joint owners, the property that is the
> subject of a transfer on death deed belongs to the surviving joint owner or
> owners with right of survivorship; or
>
> (b) The last surviving joint owner, the transfer on death deed is
> effective.
>
> (4) If the property that is the subject of a transfer on death deed is
> community property and:
>
> (a) The transferor is married and is not joined in the deed by the
> transferor's spouse or is in a registered domestic partnership and is not
> joined in the deed by the transferor's domestic partner, the transferor's
> interest in the property is transferred to the designated beneficiary in
> accordance with the deed on the transferor's death; or
>
> (b) The transferor is married and is joined in the deed by the
> transferor's spouse, or is in a registered domestic partnership and is
> joined in the deed by the transferor's domestic partner, and:
>
> (i) Is survived by the transferor's spouse or domestic partner, the deed
> is not effective upon the transferor's death; or
>
> (ii) Is the surviving spouse or domestic partner, the transfer on death
> deed is effective on the transferor's death with respect to the
> transferor's interest in the property as of the time of the transferor's
> death.
>
>
>
> Recording the redacted death certificate would be appropriate, accompanied
> by a real estate excise tax affidavit, pursuant to WAC 458-61A-303 (2) (m).
>
>
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.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:* 02/02/2024 3:24 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Revocation of TODD where one grantor is deceased
>
>
>
> Ann,
>
>
>
> I believe you will need to file the death certificate of husband (in
> Spokane County they allow us to redact the SSN – or have so far.  Then you
> need to look at the TODD carefully to make sure wife is sole taker and thus
> sole owner for revocation.
>
>
>
> Best,
>
>
>
>
>
> *Diane J. Kiepe*
>
> Douglas Eden, P.S.
>
> 717 W. Sprague Ave., Suite 1500
>
> Spokane, WA  99201
>
> djkiepe at depdslaw.com
>
> 509-455-5300
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Ann Manley
> *Sent:* Friday, February 2, 2024 3:02 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Revocation of TODD where one grantor is deceased
>
>
>
> Husband and wife executed TODD, husband is now deceased. When filling out
> revocation, do I just list wife as grantor?
>
>
> Ann Manley, Esq.
>
> The Manley Law Firm, P.S., Inc.
>
> PO Box 16324
>
> Seattle, WA 98116
>
> (206)292-3064 / (206)292-3914 fax
>
> www.manleyfirm.com
>
> *The Manley Law Firm practice areas include Bankruptcy*, Estate Planning,
> Auto Accidents, Civil Litigation, Construction, Commercial and Contract
> Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and
> Compensation claims*
>
> ** The Manley Law Firm is a Debt Relief Agency. We help people file for
> bankruptcy relief under the Bankruptcy Code.*
>
> *This email and any files transmitted with it are privileged,
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