[WSBAPT] Resolving Potential Conflict Between Will and TODD

[Mark Anderson]

Thanks, Jeff, Heather, Diane, (and anyone else I missed) for your feedback on this.  For clarity, I think I will work with the client to identify and list the properties that are currently affected by this provision.
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 Jeff at bellanddavispllc.com
Sent: 01/26/2024 1:25 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Resolving Potential Conflict Between Will and TODD

Mark,
When I do a TODD, I assume the client is trying to avoid probate all together.  It works best if there is only one heir.  Make the client name that heir as POD beneficiary on all financial accounts.  There may be issues about vehicles, but if the heir is a blood relative, I just transfer it via the Affidavit of Inheritance provided by the Department of Licensing.
If you see the need to probate, anyway, then I like your proposed language, but I also agree with the other comment that the TODD probably takes over the Will, even without the language.  Having said that, if you need to probate, I believe, and title people can correct me, that title companies prefer a PR's deed over TODD to insure.

Jeff
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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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: Friday, January 26, 2024 10:47 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Resolving Potential Conflict Between Will and TODD

Dear All:
Happy Friday!
John owns a parcel of real property.  John has a Will that sets forth the distribution of his Estate upon his death.  Subsequent to executing that Will, John executed and caused to be recorded a Transfer on Death Deed for his real property.  The Grantee under the Transfer on Death Deed is a person other than someone who would otherwise take under John's Will (i.e., not an heir or devisee).
As has been discussed before, there appears to be an issue of which takes precedence: the Will or the Transfer on Death Deed.
In an attempt to proactively address this issue, I drafted the following language to include in a Codicil to John's Will:
After execution of my Will and prior to the execution of this First Codicil, I executed and caused to be recorded one or more Transfer on Death Deeds made pursuant to Chapter 64.80 RCW with respect to certain real property.  It is my desire that any such Transfer on Death Deeds that have not been revoked supersede a) any contrary provision of my Will, and b) any contrary effect of RCW 11.04.250 with respect to vesting.
Questions:
Assuming the Codicil to be properly executed and attested to, should this language be sufficient to overcome the apparent conflict between the Will and the Transfer on Death Deed?
Would you recommend that the Codicil also include a list and legal description of each piece of real property?
Any other suggestions or insights?
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/>
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.

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