[WSBAPT] Revocation of TODD?

[Mark Anderson]

Josh – you are either being kind or snarky.  I’ll take it either way.  Thanks.

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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Tuesday, February 27, 2024 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Revocation of TODD?

This is what I get for attempting an answer to this question given my admitted dislike for TODDs generally.

(I acknowledge they are wonderful for certain clients and situations, but I fear they give many clients/users more comfort than is warranted about a TODD’s effect in all but the most straightforward circumstances. Also, the Legislature has now made them $315+ tools, forgetting that in 2014 it was probably trying to help homeowners SAVE estate planning fees. But alas.)

So, if I’m reading 64.80.080(2) and then .100(3) and (4) together, it appears the last surviving joint tenant or surviving spouse can simply file an entirely new TODD and accomplish a revocation by inconsistency under .080(1)(a)(i) (even if it doesn’t reference any prior TODD, although I also would do as Mark suggests below, even if just to be kind).

Thank you, Mark, for this excellent education! Best, Josh

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 Mark Anderson
Sent: Tuesday, February 27, 2024 11:30 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Revocation of TODD?

I'm unaware of any "standard" form of revocation for a TODD.  However, I would expect any revocation to be signed by the surviving spouse and acknowledged like any other deed.  I would also ensure that the revocation itself clearly references the TODD that is being revoked, both in the body and in the indexing information on the first page.

Note that, under WAC 458-61A-303(3)(j) and (k), no real estate excise tax affidavit is required for either the TODD or the revocation.  I would not expect the tax rolls to be affected.

Also, RCW 64.80.100 (3)(a) would apply here, regardless of the characterization of the property as being community property.

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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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 Joshua McKarcher
Sent: Tuesday, February 27, 2024 8:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Revocation of TODD?

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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
Wills Law Firm Inc. | www.WillsLawFirm.com<http://www.willslawfirm.com/>
1700 7th Ave #2100 | Seattle, WA 98101

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