[WSBAPT] Joint Tenancy with almost Simultaneous Death

Heather deVrieze heatherd at westseattlelaw.com
Thu Apr 4 16:32:05 PDT 2019


RCW 11.05A.040
Minimum survival requirement—Co-owners.
Except as provided in RCW 11.05A.060, if (1) it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by one hundred twenty hours, one-half of the property passes as if one had survived by one hundred twenty hours and one-half as if the other had survived by one hundred twenty hours, and (2) there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by one hundred twenty hours, the property passes in the proportion that one bears to the whole number of co-owners.

Heather S. de Vrieze
Attorney-at-Law
de Vrieze | Carney PLLC
3909 California Avenue SW
Seattle, WA 98116-3705                          
(206)938-5500 
heatherd at westseattlelaw.com 
www.westseattlelaw.com 

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John Wickham
Sent: Thursday, April 04, 2019 4:17 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Joint Tenancy with almost Simultaneous Death

Listmates,

Two people who hold real property in WA as JTWROS pass within hours of each other.  Is there case law in WA that defines simultaneous death (within how many seconds, minutes, hours, days) for purposes of determining whether the "survivor" is treated as a survivor and became sole owner of the RP?  I was just told that California has a 120 hour rule.

-- 
John D. Wickham
P.O. Box 893
Friday Harbor, WA 98250
360-378-7178
360-378-0849 Fax
  
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