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

[Jennifer Johnson]

I haven¹t run into this with an auditor¹s office yet, but I have received
this advice from employees in Treasurer¹s office, one of whom was nice
enough to suggest how I should word my deed in case I didn¹t understand how
it should be done.  This person wouldn¹t do anything unless I presented a
deed (wouldn¹t accept a death certificate) with the deceased spouse¹s name
on it, so I did a deed from the surviving spouse, as herself and as her
husband¹s heir, to the surviving spouse and claimed the inheritance
exemption on the REET.  It took less time for me to do the deed than it took
for me to argue, and my client was ok with that, so that¹s what we did.  In
other situations, if there has been a community property agreement, then
I¹ve recorded an affidavit and death certificate.

One of the Treasurers that I talked to about this issue told me that they
are getting more stringent about these situations because of information
that they received from the Department of Revenue about transfers when a
married person dies.  I¹ve attached a copy of the document that she shared
with me.  I¹d be interested to get others¹ opinions about this.

Jennifer

Jennifer M. Johnson | Attorney
Hanigan Law Office, P.S.
P.O. Box 39 / 68 Main Street
Cathlamet, WA 98612
(360) 795-3494




  


On 7/23/15 4:06 PM, "Mike Winslow" <mike at winslegal.com> wrote:

> The language used in the deed ³husband and wife² establishes community
> property. The reference to survivorship is extraneous. There is no need to
> record an additional deed. The clerk at the auditor¹s office is practicing
> law, and that not very well.
>  
> It would be useful to record an Affidavit of Community Property, with
> attachment of the death certificate (redacting the SSN and any other info you
> don¹t want in the public record).
> You should also notify the Assessor/Treasurer of the death and they will
> change the tax rolls to the survivor¹s name.
>  
> A form of affidavit is available at the DOR website and complies with the
> rules for exemption from excise tax.
> http://dor.wa.gov/content/Search/Default.aspx?search=affidavit+community+prope
> rty
> Select the first item in the screen and you will  see the form in PDF.
>  
> More Dirt, Than Dead,
>  
>  
> 
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. Mike at winslegal.com
>  
> This message is from an attorney, so it¹s confidential. If you are not the
> intended recipient, it¹s too late to stop reading this message, but you may
> not use it for any improper purpose. Huge Disclaimer available upon request.
>  
> 
> 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:  ³H and W, Husband and Wife, with Right of Survivorship.²
> 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
> 
>  
> 
>  
> 
>  
> 
>  
> 
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