[WSBAPT] TOD to JRWROS

[Heather deVrieze]

Lisa,

Look at 64.80.100. I believe that section makes it clear that the transfer lapses if the beneficiary is not alive at the time of the transferor's death. It also appears that the transferees take it "in equal and undivided shares with no right of survivorship."
So, once two beneficiaries actually take ownership, they would need to convert it to JTWROS, because the default is tenants-in-common.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Wednesday, January 31, 2018 12:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] TOD to JRWROS

Listmates,

A client wants to record a transfer on death deed to two people with right of survivorship.  I'm questioning her on the practical elements of this, but does anyone see a legal problem?

Thanks.

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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