[WSBARP] TOD vs Revocable Living Trust

[John McCrady]

It seems to me that a deed into a trust would at least impliedly revoke the TODD; nevertheless I might record a revocation just so there is no confusion or controversy


John McCrady
Counsel
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Monday, September 25, 2023 11:43 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] TOD vs Revocable Living Trust

I think you should do what you suggest below.

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 Jan Kelly
Sent: Saturday, September 23, 2023 5:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] TOD vs Revocable Living Trust

This question is primarily for our title gurus, who have pointed out the pitfalls of using a Transfer on Death Deed, in numerous prior email chains.

A client retained me to draft a RLT for her. Upon reviewing the recorded documents on her real property parcels, I discover that she has TODDs recorded.  Is it best to leave them as is, or revoke the TODDs and retitle the properties in her name as trustee of her trust?

Thank you in advance!

--

Jan Kelly, JD/MBA
Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733

Licensed in Nevada and Washington.

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