[WSBARP] Transfer on Death Deed Questions

[Lynn Clare]

I had this happen back in March - and let's start calling out the title
companies.  Mine was First American. The probate was in King County. They
claimed: "We are unable to insure through a Transfer on Death Deed that
does not vest in all heirs within two years of the death of the Decedent.
The pertinent statute is pasted below.  The concern is that the court could
award property of the Decedent to their heirs within the timeframe
outlined."

The tacked in RCW 11.54.030, Award to Surviving Spouse, Domestic Partner or
Children.  Nothing in that RCW says "24 months". Nothing in it applied to
my testator. IT WAS SIGNED BY AN ATTORNEY

I advised the client to try another title company. He did. They insured
title and we wrapped up the probate about 3 weeks ago.

Lynn Clare
Clare Law Firm

On Fri, May 12, 2023 at 3:17 PM Mark Anderson <marka at mbaesq.com> wrote:

> 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
> www.mbaesq.com
>
>
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