[WSBAPT] Joint real property with right of survivorship - anything additional recorded at death of joint tenant?

Thu Jul 23 17:10:17 PDT 2015

For title insurance purposes we seldom want to insure through a "joint tenant" deed unless the deed:
1) Recites:  "A and B as joint tenants with rights of survivorship and not as tenants in common and (in this case) not as community property"
2) Is executed by grantor and grantee, with the recital:  This is to evidence our intention to acquire title as joint tenants with rights of survivorship and not as tenants in common and not as community property"

In this case it appears that, for title insurance purposes, a valid joint tenancy was not created.  That being said, you may be able to get your friendly neighborhood title company to insure title in the surviving spouse through community property analysis.

The only possible deed I can envision using would be one from the heirs at law of the deceased spouse to the surviving spouse.  Such a deed would clear up any possible claim by his heirs, but your title company may be willing to insure without it.

________________________________
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Thursday, July 23, 2015 4:39 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Joint real property with right of survivorship - anything additional recorded at death of joint tenant?

Kristina:

Sounds to me like the Auditor's Office is going beyond what the Auditor's Office is supposed to do.

Just who is supposed to be the Grantor in such a Deed, that they want you to record, with a REET Affidavit??

I do not think that that office can require you to file anything.  The question arises how best to allow your client to own and, sometime in the future, to sell the property, or to have her Estate transfer ownership, after her death.

As is true in most of these situations, I am concerned only with what is sufficient to allow, or cause, the title companies to issue Title Policies.

The title companies might well be willing to issue a clean title report (and subsequent title insurance) on the basis of an Affidavit being signed by your client, laying out the facts of present circumstances, including the status of the joint tenants, viz-z-viz Rights of Survivorship (referencing the Deed signed by the H), and showing proof of Death of H, by a certified copy of the Death Certificate.

Sometimes this can be done on one-on-one with a particular title company, and sometimes, it might be helpful to record such an Affidavit, laying out the relevant facts, attaching the Death Certificate, with the Auditor.

My three cents (increase is due to inflation).

Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kristina DeVore
Sent: Thursday, July 23, 2015 3:13 PM
To: WSBA Real Property Listserv; WSBA Probate & Trust Listserv
Subject: [WSBAPT] Joint real property with right of survivorship - anything additional recorded at death of joint tenant?

Listmates:

I have a client who owned real property with her spouse.  The husband owned the property initially, quit claimed the property to him and his wife as follows:  "H and W, Husband and Wife, with Right of Survivorship."  Husband/Joint owner is now deceased.  The recording office in Clark County tells me that I need to record a new deed and file an excise tax return as well.  I was initially thinking that I would need to file the death certificate to show proof of death of joint tenant and possibly and affidavit.  Is this additional step of recording a new deed necessary?

Thanks for any words of wisdom!
Kristina

Kristina S. DeVore | Attorney & Counselor at Law
KRISTINA DEVORE LAW FIRM, pllc | 300 W. 15th Street, Suite 305 | Vancouver, WA  98660
Phone: (360) 695-0535 | Fax: (360) 737-4154 | kristina at devore-law.com<mailto:kristina at devore-law.com>

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