[WSBAPT] Revocation of TODD?

[Joshua McKarcher]

I think these situations come down to “will the assessor’s office and a local title company accept – i.e., change tax rolls and insure title – based on whatever you record.”

For my part, I’m wondering how anyone knows the property was community property such that a simple revocation by the surviving spouse is valid under the statute you mention. I could imagine one or the other of the above entities wanting to see something like a declaration recorded with the spouse’s death certificate as an exhibit (or separately recorded) declaring it was community property and it is now held by surviving spouse individually – and then perhaps that spouse records a new TODD next in line or “something” like that.

But I could also imagine nobody questioning any of that and a single document simply changing the TODD as the surviving spouse.

Which is why, to come full circle, see sentence number one above. 😊Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Adrienne Keith Wills
Sent: Monday, February 26, 2024 5:40 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Revocation of TODD?

Hi all,

Married couple worked with previous counsel to execute TODD for two properties, one to each adult child, and both TODD were recorded.  One spouse has since passed.  Surviving spouse now wants to change the property each child would receive.  Is there a standard revocation for a TODD? Or, would a notarized revocation that complies with RCW 64.80.080<http://app.leg.wa.gov/RCW/default.aspx?cite=64.80.080> and is then subsequently recorded be sufficient?

Thanks so much, Adrienne
 --
Adrienne Keith Wills, Attorney/Mediator
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