[WSBAPT] Joint Tenancy with almost Simultaneous Death

[Hillary Dawn]

Hi John:



You’re looking for Chapter 11.05A (the Uniform Simultaneous Death Act), specifically RCW 11.05A.020, which requires 120 hours of survival. Otherwise each person is deemed to have predeceased the other. There are exceptions which I would encourage you to read, but it sounds to me from your fact pattern you are looking at that statute and RCW 11.05A.040 which describes distribution between co-owners when there is simultaneous death (basically one owner’s estate gets half and the others gets the other half):



[cid:image007.jpg at 01D4EB05.13376BB0]


Hillary L. Dawn
[cid:image004.jpg at 01D41F45.E4AF3880]
Hillary L. Dawn
Attorney at Law
721 45th Street N.E.
Auburn, WA 98002
hdawn at vansiclen.com<mailto:hdawn at vansiclen.com>
Office:   253-859-8899

Visit us on the web:  www.vansiclen.com<http://www.vansiclen.com/>

Like us on: [cid:image005.jpg at 01D41F45.E4AF3880]    facebook.com/VSSF.law<https://www.facebook.com/VSSF.law>


NOTICE: The contents of this message, including any attachments, may be protected by attorney-client privilege, the work product doctrine or other applicable legal protections.  If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your cooperation.
CLIENT ADVISORY:  A spam filter is in use in our IT system.  If you have not received a Reply to an e-mail message within forty-eight hours, please call or leave a voice mail message with the receptionist at 253.859.8899.
IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.



-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John Wickham
Sent: Thursday, April 4, 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



This message is confidential, is protected by the attorney-client privilege and other privileges, and is intended for the exclusive use of the listed recipient(s).

If you have received this message in error, please so indicate in a reply message to the sender and delete the contents of this message.  Any reproduction, use,

or retransmission of this message, other than as specified above, is prohibited.









***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________

WSBAPT mailing list

WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>

http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190404/f2f6ebe1/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.jpg
Type: image/jpeg
Size: 71928 bytes
Desc: image007.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190404/f2f6ebe1/image007.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 7353 bytes
Desc: image008.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190404/f2f6ebe1/image008.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.jpg
Type: image/jpeg
Size: 833 bytes
Desc: image009.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190404/f2f6ebe1/image009.jpg>