[WSBAPT] Help - car titles make me crazy

Fri Oct 21 13:38:32 PDT 2022

Diane,
I concur with your assessment that Son in your scenario has to take the vehicle as a part of his distributive share. I “Googled” and found a couple of WAC’s addressing this issue. WA has not used “and” “or” or “/” since 1974. In a nutshell, you have to create joint tenancy with right of survivorship on purpose and have that denoted on the title. Below are the WACs stating these rules. I did take a quick look online at a title application form (it’s been a while since I bought a new car 😊) and indeed there is a box to check if you want that designation JTWROS with multiple owners.

WAC 308-56A-060 Ownership in joint tenancy. (1) What does joint tenancy with rights of survivorship mean when noted on a certificate of ownership? If owners own a vehicle in joint tenancy with rights of survivorship and one of the named parties dies, ownership vests in the surviving joint owner(s). The department will issue a certificate of ownership in the name of the surviving joint owner(s) upon application supported by a copy of the death certificate. (2) How is joint tenancy with rights of survivorship shown on the application for certificate of ownership? The application for certifi[1]cate of ownership must show the name of every owner and include the phrase "Joint tenants with rights of survivorship" spelled out. (3) How is joint tenancy with rights of survivorship shown on the certificate of ownership? The certificate of ownership will be printed showing the abbreviation "JTWROS" in the brands/comments section.

WAC 308-56A-056 Names separated by the words "and," "or," or the slash symbol "/." (1) Does the department use the words "and," "or," or the slash symbol "/" when recording multiple interests on a certif[1]icate of ownership? No, the department has not used these designations since 1974 when recording ownership interest. For certificates of own[1]ership that have been issued using one of these designations: (a) Any registered owners so shown are considered to have equal registered owner interest in the vehicle; (b) Any lien holder so shown is considered to have equal security interest in the vehicle. (2) Will the department use the words "and," "or," or the slash symbol "/" if another jurisdiction has recorded multiple interests on the foreign certificate of ownership using one of these designations? No, the department does not allow the use of these designations when recording ownership interest.

Happy Friday!

Jennifer L. White, Esq.
[cid:image003.jpg at 01D8E552.6827D6F0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Friday, October 21, 2022 1:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Help - car titles make me crazy

I have always understood car titles with multiple names on the title to work just like bank accounts with multiple names. I think they are then essentially nonprobate assets and pass to the remaining named owner. I had no idea you could list and/or, or how that might change things.

Heather S. de Vrieze
Attorney-at-Law
[cid:image004.jpg at 01D8E552.6827D6F0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Diane J. Kiepe
Sent: Friday, October 21, 2022 8:31 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Help - car titles make me crazy
Importance: High

I have had this issue come up 2 times this year but never before that.

Car titles have 2 names on it (in one case Husband and Wife (legally separated) and in the other Father and Son).  Titles either have both names with no designation (Owner:  H with W below) or Husband and/or Wife; Father and/or Son.

Wife dies – Father dies.  Both H and S claim full ownership without being part of their distributive share.  In the H W case it’s not a big deal because intestacy laws say all to surviving spouse but in the second case I say S has to take the value of ½ towards his distributive share as “and/or” is not the same thing as joint with rights of survivorship.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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