If you own real estate in Washington State and want to avoid probate, you may be comparing two common estate planning tools: a Transfer on Death Deed and a Living Trust.

Both can help transfer property after death, but they work very differently. A Transfer on Death Deed, also called a TOD deed, names a beneficiary to receive a specific piece of real estate after the owner dies. A Living Trust is a broader estate planning tool that can hold real estate, bank accounts, investments, business interests, and other assets.

If you want to transfer Washington real estate to a spouse, child, family member, trust, LLC, or future beneficiary, you may be comparing two common options: a quit claim deed and a Transfer on Death Deed.

Both documents can be useful, but they do very different things. A quitclaim deed usually transfers ownership now. A Transfer on Death Deed, often called a TOD deed, transfers ownership after death if it was properly prepared and recorded before the owner passes away.

When Michael’s mother passed away, she left behind a bank account naming him as the sole beneficiary. During an already emotional time, Michael was shocked to discover that his aunt had stepped forward, attempting to claim the same funds and even initiating legal proceedings to challenge his right to the account.

Unsure how to respond to the sudden legal action and concerned about mounting costs, Michael turned to the Law Office of Theresa Nguyen, PLLC for guidance.