[WSBARP] Title Company Refusing to Honor TODD

[Brent Williams-Ruth]

Greetings List Members -

I have a messy probate - it's messy because after creating a Will with me
years ago, my client worked with a financial adviser who had her put
everything on TOD, including a TODD for her real property.  The death
certificate was recorded.

Sadly, there are tons of creditor claims.  The 3 new owners of the home
(via the TODD) have decided they need to sell to pay off the debts. OK, so
Rainier Title is now telling me that they want the Executor to take
responsibility and sell this property as a PR Deed.

In speaking with the rep from Rainier Title he stated TWICE - WE DON'T
FOLLOW THE LAW.

He wants me to just write a PR deed and have the Executor "sell" this
property and then take the proceeds.

Now, I would honestly LOVE to do this. It would be so much easier than
having to write to each owner and say - hey, under the abatement statute I
need X% back to cover the debts.   Truly, there is nothing more I would
love than if this were to be under my control and just not have to deal
with clawing back money that was sent out through beneficiary designations.

Can anyone out there provide me legal cover by where I and my Executor have
the ability to vitiate a valid TODD (signed in 2018, btw, this was not
something done death bed) and turn this into an estate sale?

I got extremely frustrated as this title representative just said "lots of
attorneys will just do this..." and maybe someone reading this will.  But I
am literally trying to rewrite our standards for Character and Fitness
(report being published soon by SU Law online law review).

But I also acknowledge that there may be some case law out there that
supports that a title company can require extra steps when the sale of
property is less than one year from the date of death.

Appreciate any guidance that gives me and the PR both ethical and lawful
cover.

Brent

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20250418/50af6de4/attachment.html>