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

[Brent Williams-Ruth]

My thoughts are simple.  Title Companies, generally speaking, will not
issue title if there is even the slightest daylight possibility of a claim.

To require a LOPA then puts the burden on a beneficiary - a LOPA can only
be used if you are a descendant.  What if I decide to mess with my family
and I do a TODD to my mistress? Or best friend from high school?  Or my
mistress who is also my best friend from high school.  They cannot do a
LOPA.

In my own opinion - TODD are the absolute worst. And some Title Companies
have stated that they will not follow the law, they have their own policies
in place.

Though I have seem some respond saying that they will do things. The
reality is that a TODD is "meant" to be a total and complete transfer and
if a beneficiary wishes to sell before the 24 month period is over, I would
put money on the fact that a Title Company will demand something before
they will allow the sale to go through.

*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

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


On Tue, Jun 9, 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 [image: 🙂]
>
>
> Any thoughts on this?
>
>
>
> *Eva M. Luchini,** JD, CAP*
>
>
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