[WSBAPT] TODDs and title company issues when B's try to sell

[Eva Luchini]

Hello,
At the section conference this weekend, it was mentioned that title companies will not allow TODD beneficiaries of real property to turn around and sell the property.  Even after the 6months following publication of nonprobate notice to creditors.

So title companies won’t insure title on a sale until 24 months have passed.

But I contacted WFG national title and asked if they required a 24 month wait and was told that they don’t:

"But as a title company, we can still assess our risk by treating it like a LOP transaction. So a recent death with a TODD may result in us asking for full LOPA, but it does not mean that we cannot insure for 24 month. And if everything is in alignment, many times we will vest through with a TODD once the death cert is recorded with an excise affidavit [??]

Any thoughts on this?


Eva M. Luchini, JD, CAP


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