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

[Brent Williams-Ruth]

It is extremely messy.

It comes up with about a week to go prior to the scheduled closing date.

My worst case ever was where the Title Company wanted the Executor to issue
a Deed of PR - TO A HOUSE THAT HAD ALREADY BEEN TRANSFERRED.  They
literally wanted me to transfer it back to the Estate, then have the
Executor be the one who "sells" the house and given the proceeds to the
people who already - under the law - owned the house.

It was a massive waste of time and money and, by the time it was over,
added nearly $5,000 to the cost of estate administration.

This was the title company that famously said to me - we don't care what
the law is, we have our own policies.

This is why I strongly recommend everyone develop a relationship with a
title company and title officer. When all else fails, I have my clients and
their real estate agents switch to a different title company.

*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 Wed, Jun 10, 2026 at 1:02 PM Eva Luchini <eva at luchinilaw.com> wrote:

> What I’m gathering from this discussion is that doing a TODD on your house
> as a way to avoid probate might work out okay if the Title company will
> accept the additional documentation they’ll probably ask for (a LOPA) and
> if you’re giving the house to your descendants.
>
> But even at best, they are not likely to be able to simply turn around and
> sell the house real quick.
>
> And if they can’t find a title company who will be happy with the
> information provided, they’ll probably have to go do a probate anyhow.
>
> But when does this all come up?  Doesn’t it come up once the beneficiaries
> are already knee deep in the sale process?  That sounds messy.
>
> Eva Luchini
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