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

[Ann Manley]

How would that work on a practical level if there is unequal ownership with
regards to selling or managing the property? Sounds like a huge headache.

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

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On Thu, Aug 14, 2025 at 1:29 PM Nichol Fletcher <nfletcher at crandall-law.com>
wrote:

> 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
>
> [image: Small Mountain logo] <https://crandall-law.com/>North Cascades
> Law Group <https://crandall-law.com/>
>
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