[WSBARP] Transfer on Death Deed

Bickel, Dwight Dwight.Bickel at fntg.com
Mon Oct 30 13:05:25 PDT 2017


I believe the statute does adequately provide for the joint community property TODD. From my seminar materials:

A TODD for Community Property that is signed by both spouses/partners:
*          When one Grantor dies while still married or a partner, and the other survives, the transfer due to the TODD is not yet 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.
*          Note, the surviving Grantor may revoke the TODD prior to death.

A TODD that is signed by all joint tenants:
*          When a Grantor decedent is survived by other joint tenants, the transfer due to the TODD is not yet effective to convey any interest.
*          When the decedent is not survived by other joint tenants, the TODD takes effect.
*          Note that the TODD may be revoked after the death of one Grantor if joined by all the remaining survivors.

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