[WSBAPT] Husband & Wife hold title to home as JTWROS

[Jeff Davis]

Thank you all your quick responses.

 

Jeff

 

From: Fred Emry <fred.emry at painehamblen.com> 
Sent: Monday, November 26, 2018 2:23 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>;
'jeff at bellanddavispllc.com' <jeff at bellanddavispllc.com>
Cc: mindy at bellanddavispllc.com
Subject: RE: [WSBAPT] Husband & Wife hold title to home as JTWROS

 

Please take a look at RCW 64.28.040.

 

Frederic G. Emry

Paine Hamblen

717 W. Sprague Ave. Ste 1200

Spokane, Wash. 99201

509 455 6000

509 838 0007 (fax)

Fred.Emry at PaineHamblen.com <mailto:Fred.Emry at PaineHamblen.com> 

 

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Diane J. Kiepe
Sent: Monday, November 26, 2018 2:09 PM
To: 'jeff at bellanddavispllc.com' <jeff at bellanddavispllc.com
<mailto:jeff at bellanddavispllc.com> >; 'WSBA Probate & Trust Listserv'
<wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Cc: mindy at bellanddavispllc.com <mailto:mindy at bellanddavispllc.com> 
Subject: Re: [WSBAPT] Husband & Wife hold title to home as JTWROS

 

Yes, in Washington State, since we are community property, so long as the
property is considered community all gets a step-up (a win for our state!).
All property acquired during marriage is presumed (rebuttable) to be CP -
the title is irrelevant and in this case is likely just a probate avoidance
mechanism.  

 

Best of luck,

 

 

Diane J. Kiepe

 

Diane J. Kiepe, Attorney at Law

Douglas . Eden

717 W. Sprague Ave., Suite 1500

Spokane, WA  99201

Phone:  (509) 455-5300

Fax:        (509) 455-5348

djkiepe at depdslaw.com <mailto:djkiepe at depdslaw.com> 

 

 

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Monday, November 26, 2018 1:56 PM
To: 'WSBA Probate & Trust Listserv'
Cc: mindy at bellanddavispllc.com <mailto:mindy at bellanddavispllc.com> 
Subject: [WSBAPT] Husband & Wife hold title to home as JTWROS

 

Listmates, 

 

Clients purchased their Washington residence as "X & Y, husband and wife, as
joint tenants with right of survivorship."  Question, on the death of the
first spouse will the entire property get a step up in basis or just
one-half?

 

Thanks for your input.

 

Jeff Davis

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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