[WSBAPT] Joint Tenancy and Community Property

[James Jackson]

Listmates,

I'm scratching my head over this.

Prior to marriage, H&W purchased real property as JTROS.  They got married a few years later.

H subsequently executed a Will in which he left all his separate and community property to his daughter (not W's child).

H & W decided to sell the property, signed a listing agreement and P&S.

H died a few weeks ago.

Buyers are eager to close, but the Title Company's underwriter believes that the joint tenancy was converted to community property on the day they were married "by operation of law", and that we need the PR's or daughter's authority.

I can't find any authority for that, and have held firm that the "superwill" statute does not apply to real property held as JTROS.

Any suggestion would be helpful.


James A. Jackson
Ketter Sheppard & Jackson, LLP
50 - 116th Avenue SE - Suite 201
Bellevue, WA 98004
T: (206) 382-2600
C: (206) 397-3853
F: (206) 223-3929

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