[WSBAPT] TODDs and sales post-death

[Joshua McKarcher]

Not at all. Significantly better option, not to mention the manifestly better asset protection and administration options beneficiaries benefit from when a trust is done well. Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com/>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Ann Manley <ann at manleyfirm.com>
Sent: Friday, October 3, 2025 10:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] TODDs and sales post-death

Is selling property within two years of death an issue if the property transfer occurs via a RLT?

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<http://www.manleyfirm.com/>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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On Thu, Oct 2, 2025 at 2:52 PM Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>> wrote:
In my recent experience - NO - the notice to creditors for the probate estate DID NOT fix that problem. They insisted on a Deed of PR.....the end result to make them happy was literally having the beneficiaries of the house send $90k to my office to hold to resolve any potential creditor claims.

I strongly advise against using a TODD if there is an potential sale within 2 years of death.

Brent


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /


On Thu, Oct 2, 2025 at 2:19 PM Ann Manley <ann at manleyfirm.com<mailto:ann at manleyfirm.com>> wrote:
I have heard that title companies don't want to insure title on a sale of property within two years of death if the title transferred pursuant to a TODD.

Does doing a non-probate notice to creditors following a TODD help facilitate a sale within two years?

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<http://www.manleyfirm.com/>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.

This email and any files transmitted with it are privileged, confidential, and intended solely to whom they are addressed. Any unauthorized use, copying, review or disclosure is prohibited. If you have received this communication in error, please immediately notify the sender.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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