[WSBARP] TOD

[Mark Anderson]

It sounds like the Grantor wants to ultimately make a gift to Client and daughter.  If they are already on a recorded Quitclaim Deed as Grantees, then they own the property already and a TODD would be unnecessary.

As far as the mechanics of a TODD, the TODD gets recorded prior to death (for obvious reasons).  Upon death (and assuming the TODD has not been revoked), the Death Certificate (redacted as to SSN) is recorded under a cover sheet, accompanied by a Real Estate Excise Tax Affidavit.  The exemption noted on that REETA will be WAC 458-61A-202(6)(d).  Under reason for exemption, I've written "transfer pursuant to transfer on death deed recorded with the Pierce County Auditor under AFN xxxxxxxxxxxx; Grantor died on xx/xx/xxxx."

As you've seen (if you're reading your emails in the order received), Dwight Bickel has provided a much more in depth analysis of this situation.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of katie at froehlinglaw.com
Sent: 01/05/2023 12:34 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] TOD

Client and daughter, both names on QCD as Grantees. Want to avoid probate. If I do TOD Deed do they each need one since they are both Grantees? Or is it better to re-do the deed to state with rights of survivorship? If I am doing a TOD Deed, do I need to record a REETA, and if so which WAC exemption? My gut says no on the REETA.

Katie M. Hendricks
Attorney
Froehling Hendricks, PLLC
510 East Main, Suite F
Puyallup, WA 98372
F:253-770-0144
P:253-770-0116
Email: Katie at froehlinglaw.com<mailto:Katie at froehlinglaw.com>

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