[WSBAPT] Transfer on Death Deed - Concurrent Beneficiary Interests Question

[Nichol Fletcher]

Hello,

I have a client who wants to leave unequal interests in real estate to two beneficiaries (70% and 30%, respectively) via a transfer on death deed. I am trying to figure out whether this is allowed under the Washington Uniform Real Property Transfer on Death Act.

RCW 64.80.100(1)(c) provides that where a TODD makes a bequest of concurrent interests, those interests are "transferred to the beneficiaries in equal and undivided shares with no right of survivorship". However, the structure of 64.80.100, along with the comments to the model Uniform Real Property Transfer on Death Act (published 2009 by the National Conference of Commissioners on Uniform State Laws), give me the impression that this is a default rule that can be overridden by express language in the deed to the contrary. Specifically, the model act refers to this section as a "default" rule, and states generally that the transferor of a transfer on death deed "may select any form of ownership, concurrent or successive, absolute or conditional, contingent or vested, valid under state law...", citing the general restatement rule of giving the "maximum effect allowed by law" to the grantor's intent.

I have not found any caselaw on the issue, and the question does not appear to be addressed in the legislative history or the secondary sources I have access to. Beyond the model act commentary and other (generally cursory and informal) impressions published online, which have conflicting interpretations, I haven't been able to find much guidance. Has anyone dealt with this before? Any input is appreciated!

Thank you!

Nichol A Fletcher, Attorney at Law
Tel: (509) 223-3200   Email: nfletcher at crandall-law.com<mailto:nfletcher at crandall-law.com>
[Small Mountain logo]<https://crandall-law.com/>North Cascades Law Group<https://crandall-law.com/>
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