[WSBARP] Transfer on Death Deed Questions

[Mark Anderson]

Yes, I suppose the deed can be challenged, just like any other deed.  But that should not make a property uninsurable or unmarketable.
Daughter is not reluctant to execute a LOPA - I understand the advisability of that, at least for insurance purposes.
But I think it is inappropriate to require that heirs sign a quit claim deed for the properties.  The heirs never had any interest in the property that falls under the "subject to" language of RCW 64.80.100(2).  In my view, the property is not "subject to" any interest held by the heirs - they held no interest at the time of Mother's death, even as heirs.  By operation of RCW 64.80.100(1)(a), any interest held by Mother was automatically transferred to Daughter upon Mother's death.  I can find no express language in RCW 64.80 that addresses anyone's right to contest the transfer upon death deed itself.
Why do you think it is that the title company believes there is a one year "redemption period" as opposed to two years, i.e., 24 months?
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 <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: 05/12/2023 3:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Transfer on Death Deed Questions

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>



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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 Mark Anderson
Sent: Friday, May 12, 2023 3:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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