[WSBAPT] Joint Tenants with Rights of Survivorship

[John McCrady]

Most, if not all, title companies want the grantee in a joint tenancy deed to acknowledge that the grantees intend to take title "as joint tenants with rights of survivorship and not as tenants in common."  This is because of the strong presumption that the grantees in any deed will hold title as a tenancy in common.  One exception to that policy is if the grantors and the grantees in the deed are identical, in which case the grantees are by implication making the representation that title is to be held in a joint tenancy with rights of survivorship.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Inge Fordham
Sent: Monday, November 30, 2020 12:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Joint Tenants with Rights of Survivorship

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
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