[WSBARP] Question about two TODDs

Ryan Castle ryan at ryancastlelawfirm.com
Thu Aug 29 13:30:01 PDT 2024


I have a potential client who was a grantee of a now deceased person's real
estate under a transfer on death deed, recorded in the proper county. Then,
a few years later that same grantor, recorded another TODD listing a
different grantee. The grantor then died a year later. No evidence of
fishyness. Does the later TODD automatically revoke the first TODD? RCW
64.80.080(1)(a)(i) states:
an instrument is effective to revoke a recorded transfer on death deed, or
any part of it, only if the instrument:
(a) Is one of the following:
(i) A transfer on death deed that revokes the deed or part of the deed
expressly or by inconsistency;

The second TODD does not expressly revoke the first TODD. But does this
second TODD qualify as an "inconsistency" that will revoke the first TODD?

Thanks in advance for any thoughts!

-- 

Ryan Castle (he/him)
Castle Law Firm, PLLC
Managing Attorney
T: 360-685-4260
F: 360-524-6838
1313 E. Maple St., Suite 213
Bellingham, WA 98225
https://ryancastlelawfirm.com/
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