[WSBARP] Strict adherence to TOD Deed Statute

[Jeanne Dawes]

Dear List Mates:

I believe I know the answer to this, but since it is all relatively new, I thought I would glean the collective wisdom of the crowd.

We prepared and client signed a TOD Deed.  We mailed it on Friday to Ritzville for recording in Adams County.  Client died on Saturday, Deed was recorded on Monday.  I know the statute states that the deed must be recorded prior to death, but I'm wondering if anyone has experienced any wiggle room, where a title company, in this scenario,, would insure title.  I know we can do a lack of probate affidavit to avoid probate, but the home may not go on the market for more than a year, and I'm curious if anyone has had any experience with this set of facts, and if so, what was the outcome.

Happy Thanksgiving to all.  I'm thankful for all of the wisdom you share so freely over these listservs.


Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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From: wanaela at mycommunities.naela.org [mailto:wanaela at mycommunities.naela.org] On Behalf Of Richard L. S
Sent: Tuesday, November 21, 2017 7:01 PM
To: wanaela at mycommunities.naela.org
Subject: [wanaela] Re: Revoking a TOD deed

1.  Instrument of Revocation first.  Follow the RCW exactly;
2.  Record;
3.  New TOD deed;
4.  Record.

Dick
Richard L. Sayre
Sayre, Sayre & Fossum, PS
201 W. North River Drive, Ste 460
Spokane, WA. 99201
(509) 325-7330 v
(509) 325-7334 f
dick at sayrelaw.com<mailto:dick at sayrelaw.com>
www.sayrelaw.com<http://www.sayrelaw.com>

On Nov 21, 2017, at 12:49 PM, Jennifer H. Ballantyne <privateemail264482 at mycommunities.naela.org<mailto:privateemail264482 at mycommunities.naela.org>> wrote:
WANAELANs,

Rookie question of the day...

I have a client who executed a TOD deed. I recorded it. He changed his mind. I am not certain how to revoke it.

Here is a section of RCW 64.80.080 - Revocation, when authorized or prohibited, but I am not sure I understand it:

(1) Subject to subsection (2) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
(a) Is one of the following:
(i) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(ii) An instrument of revocation that expressly revokes the deed or part of the deed; or
(iii) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and
(b) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the county auditor of the county where the deed is recorded.

It sounds like I could have him set up transfer of the property to a different person by a new TOD deed (recorded) or I could record an "instrument of revocation," or he could give the property to another now by inter vivos deed. Is this a correct interpretation?

Thanks,

Jen Ballantyne


Jennifer H. Ballantyne

Estates and Elders Law PLLC
505 West Riverside Avenue - Suite 509
Spokane, WA 99201

23403 East Mission Avenue - Suite 205
Liberty Lake, WA 99019

O:  509.252.5003
M:  509.768.1557
F:  509.252.5002

www.estatesandelders.com<http://www.estatesandelders.com>














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