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

[Anna Cashman]

This was my presentation, so I will chime in.

To be clear, my statement was not a blanket statement that using a TOD Deed would prevent a property being sold by the beneficiary of such deed for 2 years.  My statement was that this situation is a possibility depending on the circumstances of the decedent.  I have had cases where the creditor risk was too great to get title insurance for the beneficiary to sell to a third party until the full 2-year statutory claim period had run.  We even published nonprobate notice to creditors.  It is highly dependent on the decedent’s situation.  Even the title company quote below is hedging its advice: “And if everything is in alignment …”

Therefore, my general advice is to counsel clients that it may take up to two years after death before title can be insured and the property sold.  If the beneficiary wants to keep the property anyways, then there are no issues and maybe a TOD Deed would be a good fit so long as there are other assets to pay funeral expenses, estate administration expenses, taxes, etc.  But if the beneficiary needs to sell, then I suggest going through the probate process and conveying property to beneficiaries under a Will.

I agree with Brent in that I do not think TOD Deeds are a great planning tool in Washington for most situations.  The cost of probate in Washington is so minimal compared to the costs of trying to jump through hoops to salvage the estate plan on an ill-conceived TOD Deed.

Anna

Anna M. Cashman
[cid:image001.png at 01DCF8D6.5D159EA0]
1000 Second Avenue, Suite 3670
Seattle, WA 98104
Tel (206) 382-4414
anna at bc-estatelaw.com<mailto:anna at bc-estatelaw.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, June 9, 2026 2:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] TODDs and title company issues when B's try to sell

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<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 Tue, Jun 9, 2026 at 1:02 PM Eva Luchini <eva at luchinilaw.com<mailto: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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