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

[Jennifer Johnson]

Similarly to WFG, we don't have a strict rule against insuring through a TODD. It's a risk assessment, and we will ask for a bunch of information, get a LOPA, check with DSHS, etc, before deciding whether to insure. It just depends on the circumstances.

Jen

Jennifer M. Johnson

Title Officer | Attorney

Wahkiakum Title & Escrow Co.

Hanigan Law Office, PS

68 Main Street / P.O. Box 39

Cathlamet, WA 98612

(360) 795-3494

(360) 795-3001 (f)

www.wahtitle.com

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On Tuesday, June 9th, 2026 at 1:02 PM, Eva Luchini <eva at luchinilaw.com> wrote:

> 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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