[WSBARP] Transfer on Death Deed

[Margaret Delp]

Hello Colleagues:

What is the best way to draft a Transfer on Death deed for a married couple
who want to leave their share in their jointly owned real property to each
other, and then to their adult children as alternate beneficiaries?  I have
the sample form published by the RPPT section. 

 

Do you draft a single TOD Deed with husband and wife as Grantors and the
children as primary beneficiaries?  Is that what was anticipated under RCW
64.80.100(4)(b), in which the TOD deed will only takes effect as to jointly
owned community property upon the death of surviving spouse?  

 

Or  do you draft two reciprocal TOD deed - (1)  the husband designate the
spouse as the primary beneficiary of his interest in the property, and then
the children as the alternate beneficiaries and (2) Wife designates H as
primary beneficiary with children as alternates.

Thank you!

Margaret

 

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