[WSBAPT] Joint Tenants with Rights of Survivorship

Mon Nov 30 18:55:30 PST 2020

Thanks again to everyone who responded!  Your comments were very helpful.

I sent a detailed email to the title company explaining the creation of the joint tenancy and outlining the language of the JTWROS statute, which allows for creation of joint tenancy through a deed expressing the intent of the grantor to create a joint tenancy (which we had).  I quoted the statute, which expressly allows for rebuttal of the TIC presumption by creating joint tenancy through a deed expressing intent to create a joint tenancy.  I also pointed to the lack of any requirement for a grantee to sign acknowledging the joint tenancy status.  This evening, we received word that the title company agreed to accept the joint tenancy status and requested that we record certified copies of the grandparents’ death certificates, which is no problem.

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
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>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Monday, November 30, 2020 at 3:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Joint Tenants with Rights of Survivorship

I would tend to agree with you; if grandmother and grandfather own a property and convey it to themselves and grandchild “as joint tenants with right of survivorship and not as tenants in common”, then I probably would not require more.
Sometimes a request for a discussion with the underwriter is called for.  Perhaps even passing it by a different title company, since each underwriter has somewhat different underwriting practices.

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>
WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.

***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.***

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Monday, November 30, 2020 3:01 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Joint Tenants with Rights of Survivorship

John, I always appreciate your insights, as title counsel on these issues.

However, in this case it appears that the Grantors are the two parties that intended the grandchild to benefit from the JTWROS. Both Grantors signed, both Grantors have died and it is only the party that benefitted from the Deed that has not signed. I could see where the title companies might object if it was the grandchild that died, with the Grandparents asserting that they take the interest of the non-signing grandchild.
Title company appears to be forcing a probate where none is required, simply as a matter of addressing a very low underwriting risk. Are the heirs under the LWT (or at law, if no LWT) really going to file a lawsuit claiming an interest in the RP based on presumption of TIC in the face of a deed that recites ownership as JTWROS?

If there are other persons named under the LWT (or at law, if no LWT), it would seem that QCDs from them would dispose of the issue.
If the deed was drafted by counsel, an affidavit regarding the Grantors’ understanding and intention of JTWROS might also provide the added support for the title underwriter.

Even if the “easiest solution” is a quickie Probate, if the LWT does not leave this property to the Grandchild, then that implicates a TEDRA agreement with the heirs that benefit  from the LWT. Thus, the simple solution becomes more complex. And, Heaven forbid, a Quiet Title would also solve this, perhaps for less $$$ than a probate, although that would take longer and could kill the sale.

I would go back to the title company and ask to have a chat with the underwriting counsel about the relative risk of insuring this transaction using the analysis from above; failing that, shopping other title companies.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Monday, November 30, 2020 1:42 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Joint Tenants with Rights of Survivorship

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>
WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.

***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.***

From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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,

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<https://r.xdref.com/?id=0AUKnnUl021648&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201201/144b9809/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 358106 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201201/144b9809/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 14137 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201201/144b9809/image002.png>