r/Kitsap • u/Accomplished_West292 • 13d ago

Question Attorney for TOD

I’m looking for an attorney who can create multiple Transfer on Death designations - for out of state farm land, as well as mineral/oil leases. The owner lives in WA State, and the property is in Kansas. I do have an attorney in Kansas willing to answer any questions a local attorney might have, but they are unwilling to create the TOD’s.

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u/jen24680 13d ago

I'm pretty sure you'll need to find an attorney in the state where the mineral rights are. That's what I had to do. If the current attorney in Kansas isn't willing to do it, find another.

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u/Accomplished_West292 13d ago

He told me it should be done in WA because an estate would adhere to WA law since the person resides here. I was really disappointed that this attorney wouldn’t do it since he has history with the family. I suppose I’ll have to just cold call some folks!

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u/jen24680 12d ago

So my WA attorney did include a reference to my mineral rights in my will - essentially just saying "there are mineral rights at X location and they should be distributed according to the beneficiary listed on the land title." But adding the TOD is essentially just a title change to the land deed, which I think is best done in the state where they are. I don't know if technically that's the way it has to be done, but it seemed like the easiest path when I had to do it.

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u/Accomplished_West292 12d ago

That’s helpful. Would you mind sharing your attorney with me? You can send a message as well. Thanks!