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

[Diane Kiepe]

Preach!



Diane Kiepe
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-280-6414
Confidentiality Notice: This page and any accompanying documents contain
information that is confidential, privileged, or exempt from disclosure
under applicable law and is intended for the exclusive use of the
addressee. This information is private and protected by law. If you are not
the intended recipient, you are hereby notified that any disclosure,
copying, distribution, or use of the contents of this information in any
manner is strictly prohibited.


On Wed, Jun 10, 2026 at 2:52 PM Brent Williams-Ruth <
brent at williams-ruthlaw.com> wrote:

> 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
>> ***Disclaimer: Please note that RPPT listserv participation is not
>> restricted to practicing attorneys and may include non-practicing
>> attorneys, law students, professionals working in related fields, and
>> others.***
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20260610/4f975d3f/attachment.html>