[WSBARP] Revocable Transfer on Death Deeds

[James B. Dolan]

When attempting to obtain the necessary stamp from our county treasurer’s
office prior to recording a TOD deed at the auditor’s office, I was
informed by the treasurer that I cannot have the word “revocable” in the
heading, ie:

 

“Revocable Transfer on Death Deed”. 

 

I pointed out to her the language in the statute, as well as language
within the deed itself, indicating that the deed is indeed (no pun
intended) revocable prior to death, but she seemed stuck on not having the
word “revocable” appear in the heading.  

 

I am not opposed to simply taking the offensive word “revocable” out of
the heading, but it seems to me that simply having “Transfer on Death
Deed” might, to the casual observer in a title search, make it appear that
the transfer has already occurred, when in fact it has not occurred until
the grantor has died, and until that time the grantor may revoke the deed.

 

This is the first such attempt to record this new (at least in Washington)
deed up here in the boondocks, so I am mindful of setting a precedent with
our local office.  Just checking to see if there are any opinions out
there as to this question:  Should/Must TOD deeds contain the word
“revocable” in their headings?

 

I left a message with DOR in Olympia to see if the department might weigh
in on this, because DOR did prepare a packet that was sent to county
treasurers describing these TOD deeds, and evidently the instructions do
not clarify, at least in this person’s mind, that the deeds are revocable.

 

This reminds me of that ad for that bank where customers do not like to
try new things.  

 

Any feedback is welcome.  

 

Jim Dolan

 

Jones Butler Dolan, PS

P.O. Box 2784

720 South Main Street

Suite 233

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

E-Mail: jbdolan at jbdolan.com

 

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