[WSBARP] Transfer on Death Community Property

[Nestor Gorfinkel]

PC (a married couple). They requested a TOD deed, where upon death of first spouse to other spouse and upon death of second spouse ½ interest to H trust and ½ interest to W trust. I don't think this works under RCW 64.80.

My suggestion is H/W transfers to each other ½ interest as separate property and then each transfers their ½ interest to their respective Trusts. I believe this is the simple and direct approach. I don't think it can be accomplished with a TOD deed.

Cordially,

Nestor Gorfinkel, Attorney at Law
Licensed in Florida & Washington State
Florida Civil-Law (International) Notary

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