[WSBAPT] Joint Tenants with Rights of Survivorship

[Douglas Owens]

Dear Inge, the JTWRS statute, RCW 64.28.010 states that a joint tenancy with right of survivorship can be created by a deed or will or other conveyance or an agreement.  I do not believe a grantee is required to sign a deed in order for the conveyance to be effective.  Yours truly, Doug Owens

On Nov 30, 2020, at 12:34 PM, Inge Fordham <inge at fordhamlegal.com<mailto:inge at fordhamlegal.com>> wrote:

Colleagues,

I have a situation where two grandparents and a granddaughter held title to real property as joint tenants with rights of survivorship.  My position is that when Grandmother passed some time ago, title vested in the survivors (Grandfather and Client) as a matter of law.  Similarly, when Grandfather recently passed, title vested in Client as a matter of law.  The Client now owns the property outright as her separate property.  This is a non-probate asset.

The property is now being sold and the title company is asking Client to sign a deed as Client (in her own capacity for her share), as the PR of the Estate of Grandfather (for Grandfather’s share), and as the heir of Grandmother (for Grandmother’s share).  I do not believe this is appropriate.  Title is refusing to insure the transaction because title claims the operative quitclaim deed in which Grandmother, Grandfather, and Client became joint tenants with rights of survivorship was not also signed by the Grantee (my Client).  The title company asserts that the Grantee was required to sign acknowledging the status of joint tenancy with a right of survivorship.  I have never heard of this.

Has anyone else run into this issue?  I do not want to create an argument that the property is an estate asset where it is not.

Thank you,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com/>

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