[WSBAPT] Dead on Death - Tenants in Common

[Jane Bitz]

Here is one for the brain trust:

A couple was married, then divorced, but continued to live in their home together because they are too poor to afford separate residences.

They bought their home as "husband & wife" no survivorship language. The divorce decree said that they are now 50/50 owners "as Tenants in Common."

Both want their home to go to their only child upon death. It really is their only asset and will probably have a Medicaid lien against it because the mom is receiving in home care. They want to sign transfer on death deeds to their daughter.

Can they both sign the same TOD Deed? I think yes. After the death of the 1st co-tenant, daughter would be tenants in common with the surviving parent, then when the second parent dies, she would own the entirety, subject to the Medicaid lien.

Anyone see any traps in this for the unwary?

Thanks.
Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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