[WSBARP] TOD & Estate Recovery

[Jeanne Dawes]

Son will take property subject to any estate recovery lien if filed/recorded within 24 month of DOD.

RCW 64.80.100
Effect at transferor's death.
(1) Except as otherwise provided in this section, or in RCW 11.07.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.07.010>, and 11.05A.030<http://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.030>, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
(a) Subject to (b) of this subsection, the interest in the property is transferred to the designated beneficiary in accordance with the deed.
(b) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.
(c) Subject to (d) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.
(d) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.
(2) Subject to chapter 65.08<http://app.leg.wa.gov/RCW/default.aspx?cite=65.08> RCW, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death, including liens recorded within twenty-four months after the transferor's death under RCW 41.05A.090<http://app.leg.wa.gov/RCW/default.aspx?cite=41.05A.090> and 43.20B.080<http://app.leg.wa.gov/RCW/default.aspx?cite=43.20B.080>. For purposes of this subsection and chapter 65.08<http://app.leg.wa.gov/RCW/default.aspx?cite=65.08> RCW, the recording of the transfer on death deed is deemed to have occurred at the transferor's death.
(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.
(4) If the property that is the subject of a transfer on death deed is community property and:
(a) The transferor is married and is not joined in the deed by the transferor's spouse or is in a registered domestic partnership and is not joined in the deed by the transferor's domestic partner, the transferor's interest in the property is transferred to the designated beneficiary in accordance with the deed on the transferor's death; or
(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.
(5) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
[ 2014 c 58 § 13.<http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/House/1117-S.SL.pdf?cite=2014%20c%2058%20§%2013.>]


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>
INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Tom Westbrook
Sent: Monday, October 23, 2017 9:10 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] TOD & Estate Recovery

Do any of you know how estate recovery works on a TOD for decedent's residence? In this case, Mother has transferred her residence to son by TOD. Mother is now in assisted living paying her own way, but not for much longer when she will need to apply for Medicaid support. There won't be any need for probate in this case due to TOD. Does son get the property subject to the estate recovery lien? Does he need to give notice to DSHS when Mother passes?

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

[cid:image001.jpg at 01CFC835.0D3988D0]

Rodgers, Kee & Card, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington  98502

Phone: 360-352-8311
Facsimile: 360-352-8501
Email: tjw at buddbaylaw.com<mailto:tjw at buddbaylaw.com>
Skype: thomas.westbrook
www.buddbaylaw.com<http://www.buddbaylaw.com>

The information contained in this email and attachment(s) are for the exclusive use of the addressee(s) and may contain private, privileged and/or confidential information.  If you are not the addressee, you are strictly prohibited from reading, photocopying, distributing or otherwise using this email or its contents in any way. If you have received this communication in error, please notify us immediately by telephone at 360-352-8311 or by e-mail to shannon at buddbaylaw.com<mailto:shannon at buddbaylaw.com>, and destroy the original message from your electronic files.



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20171023/b3116ac0/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2633 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20171023/b3116ac0/image001.jpg>