[WSBARP] Title Company Refusing to Honor TODD

[John McCrady]

My thinking is that 64.80.110 allows for a disclaimer of interest according to RCW 11.86.031, which provides for a disclaimer within nine months of the date of the transfer.
64.80.100 states that the transfer occurs at the date of death of the transferor, so it seems to me that the TOD interests can be disclaimed within 9 months of the death.
I may be reading all this incorrectly, so if there are alternative readings I would love to hear them.


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
2024 Recording Fee Schedule<https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.piercecountywa.gov%2FDocumentCenter%2FView%2F130967%2Frecordingfeeschedule20240101%3FbidId%3D&wdOrigin=BROWSELINK>


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Monday, April 21, 2025 10:05 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title Company Refusing to Honor TODD

Because the death certificate has already been recorded, title has already vested in the Grantees.  The only way they can divest themselves of their interests is to convey their interests by deed.   How about this as an option: Have the Grante
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Because the death certificate has already been recorded, title has already vested in the Grantees.  The only way they can divest themselves of their interests is to convey their interests by deed.

How about this as an option: Have the Grantees execute and record a Deed of Trust with the Estate as the beneficiary.  The Estate could clearly identify the accepted claims and their amounts.  The Deed of Trust would ensure that valid creditor claims are paid when the property is sold.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
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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 John McCrady
Sent: 04/21/2025 9:07 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Title Company Refusing to Honor TODD

Is it too late for the grantees to disclaim their interest, then have the property go through probate


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
2024 Recording Fee Schedule<https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.piercecountywa.gov%2FDocumentCenter%2FView%2F130967%2Frecordingfeeschedule20240101%3FbidId%3D&wdOrigin=BROWSELINK>


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WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


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 Brent Williams-Ruth
Sent: Friday, April 18, 2025 3:33 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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 certificat
External sender <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>>
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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

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