[WSBARP] Title Company Refusing to Honor TODD

[Andrew Hay]

Well … option one is get a different title company.  This has worked for me when title has created issues.

Option two is to petition for instructions from the court on whether to sign a deed or for a declaration that the estate has no interest in the property due to the TODD.  That gives everyone cover, provided all parties in interest get notice.  But if the title company is not on board, that may not help.

The problem here from a title point of view is creditors coming after the buyer to enforce claims against the estate.  It is a potential concern, if remote.  The TODD should not spawn these kinds of issues because it is expressly authorized by statute, but the TODD statute is relatively new and case law is not settled.

Option one may save you some grief if it works.  Title people on our list may have some helpful input on the current industry standards here.

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
He/him/his
253.272.2400 (w)
253.377.3085 (c)













From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Friday, April 18, 2025 5:33 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Title Company Refusing to Honor TODD

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<mailto:info at williams-ruthlaw.com>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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