[WSBARP] Transfer on Death Deed Questions

[John McCrady]

I would never use the term "redemption period".  All I can think is that the title company is concerned that the deed can be challenged for capacity or undue influence.
We do use an affidavit for the purpose of clearing concerns about expenses of last illness, DSHS Liens, Inheritance Taxes; the usual LOPA concerns.  We also want assurances that the TOD was not revoked.


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 Mark Anderson
Sent: Friday, May 12, 2023 3:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Transfer on Death Deed Questions

Dear All:
Mother owned real property.  Mother executed and recorded a transfer upon death deed to Daughter in 2021.  Mother died in 2022.  A death certificate for Mother was recorded thereafter.  Daughter wants to sell the property.
A title company asserts that, pursuant to RCW 64.80, creditors and parties with a possible interest in the property have one year after the Grantor's death to contest the transfer upon death deed and are referring to this as a "redemption period."  In order for Daughter to sell prior to the running of this one-year period, the title company is requiring a fully executed and recorded Lack of Probate Affidavit and Deed from Mother's heirs.  The title company also went on to (inexplicably) tell Daughter that, "The grantees will be the recognized Heirs of the estate."
I acknowledge that RCW 64.80.100(2) says that a beneficiary of a transfer on death deed "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...."  Or, in my view, RCW 64.80 does not expressly grant anyone the right to contest the transfer upon death deed itself.
So why would the title company interpret RCW 64.80 in the way that it did, both as to timing and substance?
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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