[WSBARP] Transfer on Death Deed

[Bickel, Dwight]

I hate to be corrected publicly by others.  But it is not as hard to correct myself.  The applicable section is:

RCW 64.80.100
(4) If the property that is the subject of a transfer on death deed is community property and:

      (b) The transferor is married and is joined in the deed by the transferor's spouse, or is in a registered domestic partnership and is joined in the deed by the transferor's domestic partner, and:

     (i) Is survived by the transferor's spouse or domestic partner, the deed is not effective upon the transferor's death; or

     (ii) Is the surviving spouse or domestic partner, the transfer on death deed is effective on the transferor's death with respect to the transferor's interest in the property as of the time of the transferor's death.



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bickel, Dwight
Sent: Wednesday, March 18, 2015 4:40 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Transfer on Death Deed

RCW 64.80.100
(3) If a transferor is a joint owner and is:

     (a) Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or

     (b) The last surviving joint owner, the transfer on death deed is effective.

My understanding is: that a TODD to convey all interest in Community Property that is signed by both spouses/partners:

*          When one Grantor dies while still married or a partner, and the other survives, the TODD is not effective to convey any interest.
*          When the second Grantor dies, the TODD is effective only as to the interest owned by the second Grantor at that time of that Grantor's death.
*          The "beneficiary" must survive the second grantor's death.
*          Note, the survivor Grantor may revoke the TODD prior to his/her death.


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