[WSBARP] Transfer on Death Community Property

[Nestor Gorfinkel]

I believe my proposal does that by each transferring their ½ separate property interest to their respective RLT. I do have their out-of-state counsel providing marching orders.

Cordially,

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

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan
Sent: Wednesday, April 6, 2022 11:16 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Transfer on Death Community Property

Nestor:

Is it the revocability that you think is the problem? I’m not sure whether it works or not, but from what the intent appears to be, an RLT would appear far simpler and have the benefit of being tried and true.

An RLT can also be used to address any potential WA estate tax concerns while probably achieving full basis step ups on both deaths. Why make this hard?

John J. Sullivan
Sent from my iPad


On Apr 6, 2022, at 6:34 AM, Nestor Gorfinkel <esq at gorfinkel-law.com<mailto:esq at gorfinkel-law.com>> wrote:

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

[image001.jpg]

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