[WSBAPT] TODD Subject to Creditors?

[Eric Nelsen]

Yes. RCW 64.80.120<https://app.leg.wa.gov/RCW/default.aspx?cite=64.80&full=true#64.80.120>:

A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in RCW 11.18.200<http://app.leg.wa.gov/RCW/default.aspx?cite=11.18.200>, 11.42.085<http://app.leg.wa.gov/RCW/default.aspx?cite=11.42.085>, and chapter 11.54<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54> RCW.

Of course, the creditors have the same problem they always do in this circumstance. If no probate is opened, they have no place to file a creditor claim. If two years goes by, their claims are extinguished.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of James Dolan
Sent: Thursday, September 18, 2025 10:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] TODD Subject to Creditors?

I think I know the answer to this but I am hoping someone smarter than me will offer a better answer.

At death, decedent had a small bank account in his name, owned a 2013 GMC SUV worth approximately $8,000, and a home.   He had 6 credit cards with a total of approximately $40,000 in debt.

His home has TODD to significant other.  We do not plan to do a probate.  I am not worried about the small bank account or the vehicle.

Question, is the home conveyed to significant other via TODD subject to claims from creditors?

Jim Dolan

==================

Jones Butler Dolan, PS
P.O. Box 458
10027 SR 532
Stanwood, WA 98292
(tel) 360-336-2939
(fax) 360-336-2949

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