[WSBARP] Transfer on Death Deed insurability

Thu Aug 4 11:40:31 PDT 2022

I'm working on it.  First American here in Spokane is going to ask their underwriter to contact me to discuss why they will not insure.  The person who will be calling me is on vacation until 8/9, so I'll get back to the group when I hear from her.  My contact at FATCO did not think it was because of the 24 month period to file claims against the estate.  She did not have information about the tender of defense case they lost, but has been told that underwriting believes it to too risky because there is not enough case law surrounding these types of instruments.  I know pretty vague, but that's all she had.  Other title insurers in Spokane, like Vista Title, will insure around TOD Deeds.

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>

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From: wsbarp-bounces at lists.wsbarppt.com On Behalf Of michael westseattleattorney.com
Sent: Thursday, August 04, 2022 10:29 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Transfer on Death Deed insurability

Can you get a case cite or other info to see what the facts were ?

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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 Jeanne Dawes <jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>>
Sent: Thursday, August 4, 2022 10:02 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Transfer on Death Deed insurability

First American here in Spokane has indicated they will not insure a TOD Deed.  In addition to the creditor's issue, they explained there was also an issue with claims of heirs, and indicated their decision was a result of a lawsuit they lost defending title.

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>

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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 John J. Sullivan, Esq.
Sent: Wednesday, August 03, 2022 7:50 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

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://app.leg.wa.gov/RCW/default.aspx?cite=64.80.120>

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<http://www.mbaesq.com/>

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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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