[WSBARP] TODD Question

Mark Anderson marka at mbaesq.com
Wed May 29 09:55:30 PDT 2024


This approach is also consistent with RCW 64.80.080(1)(a)(iii).

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of jbdolan at jbdolan.com
Sent: Wednesday, May 29, 2024 8:50 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] TODD Question

That makes sense.  Thank you, Jan

-jbd-

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: Tuesday, May 28, 2024 6:07 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] TODD Question

Jim,

You can revoke the TODD in the Quit Claim Deed, so only one recording is needed. Revocation of a TODD does not require a REETA, so 2 activities may be conducted with one document.

Jan

On Tue, May 28, 2024 at 4:09 PM <jbdolan at jbdolan.com<mailto:jbdolan at jbdolan.com>> wrote:
Colleagues:

Mom executed a TODD for her residence to daughter in 2019.

Now, Mom wants to convey the residence to the same daughter immediately (for purposes of Medicaid planning) via QCD.

Question: since the QCD is conveying the property to the same daughter as the TODD, do we need to revoke the TODD?  I don’t mind drafting a revocation, but these folks are not flush with cash and saving the additional $304.50 recording fee would be nice, if possible?

Jim Dolan

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Jones Butler Dolan, PS
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Jan Kelly, JD/MBA
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JK Law
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