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Washington recently adopted a new form of transferring real property (i.e., land and real estate) called the Transfer on Death Deed (also known as a beneficiary deed). Ch. 64.80 RCW.
The order is: the surviving spouse, children, parents, siblings, grandchildren and nieces and nephews. RCW 11.28. 120.
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.
You must sign the deed and get your signature docHubd, and then record (file) the deed with the county recorders office before your death. Otherwise, it wont be valid. The beneficiarys rights. The person you name in the TOD deed to inherit the property has no legal right to it until your death.
In June of 2014, our state adopted a new law allowing for transfer-on-death (TOD) deeds, known as the Washington Uniform Real Property Transfer On Death Act or Act.
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Transfer on probate or administration of an estate on death When someone dies, removing his or her name from the property deed may be necessary in order to complete the probate process and distribute his or her estate to the beneficiaries.
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.
The Washington transfer-on-death deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.
One of the most effective ways to avoid probate is to establish a living trust. Property is transferred to the trust, and these assets are overseen by a trustee who is charged with managing the trust for the benefit of the designated beneficiaries.
The disadvantages include the potential unintentional treatment of beneficiaries. Because a Transfer on Death Account (TOD) is a non-probate asset, it is not controlled by your will. If you update your estate plan to change beneficiaries, youll need to do more than just change your will.

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