[WSBARP] Transfer on Death Deed with unequal beneficiary shares?

[Sara D. Longley]

Hello listmates,

In my reading of the law on Transfer on Death Deeds, RCW 64.80.100(1)(c) states that concurrent beneficiaries receive equal and undivided shares with no right of survivorship, with the share of any predeceasing beneficiary being divided among the surviving beneficiaries pursuant to (1)(d).

However, more than once I have run across recorded TODDs that have concurrent beneficiaries receiving unequal shares.  I am looking at one right now that not only has unequal shares to each primary beneficiary, but also includes provisions for specific alternate beneficiaries for each primary beneficiary.

I have not (yet) been called on to assist with distributing any interests inherited via one of these defective TODDs, but I wonder if anyone has insight into the right way to handle this.  Better yet, if I am reading the statute incorrectly I would love to be set straight!

Thoughts?

Sara



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