[WSBARP] Question about two TODDs

[Rod Harmon]

I agree with Paul Neumiller.  The second deed controls due to the inconsistency.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com/>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Ryan Castle
Sent: Thursday, August 29, 2024 1:30 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Question about two TODDs

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/


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20240831/61b4fb90/attachment.html>