[WSBARP] Transfer on Death Deed insurability

[John McCrady]

Remember also RCW 64.80.100, particularly

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.

That being said, we treat it as a "lack of probate" situation and analyze it accordingly.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>



Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan, Esq.
Sent: Wednesday, August 03, 2022 7:50 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Transfer on Death Deed insurability

I have heard of it, though I have not done a TOD deed. As I recall, it's concern about this provision:

RCW 64.80.120: Liability for creditor claims and statutory allowances.<https://d.xdref.com/?enc=b64&verify=d066039e083ca0abff7f99426c3031a0&id=2742wKc0027415&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=aHR0cHM6Ly9hcHAubGVnLndhLmdvdi9SQ1cvZGVmYXVsdC5hc3B4P2NpdGU9NjQuODAuMTIw>

John J. Sullivan

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Mark Anderson
Sent: Wednesday, August 3, 2022 6:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Transfer on Death Deed insurability

Perhaps they are asking "are you sure s/he's really dead?  Just want to be sure."

To answer the question, I haven't heard of this issue before.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://d.xdref.com/?enc=b64&verify=8177d3a8f56c959d0a3ad44939533f7e&id=2742wKc0027415&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=aHR0cDovL3d3dy5tYmFlc3EuY29tLw>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Bryce Dille
Sent: 08/03/2022 3:42 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Transfer on Death Deed insurability

I have been in touch with several title companies that will not insure title of the transferee under a transfer on death deed until 1 year and a day and with some title companies 2 years from date of death of decedent transferor. Have any of you has that issue?

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.




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