[WSBAPT] JTWROS - Community Property question

Laura Latta laura at lauralatta.com
Thu May 4 14:13:19 PDT 2023


Following.


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

4010 Lake Washington Blvd. NE Ste. 202

Kirkland, WA 98033



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On Thu, May 4, 2023 at 2:08 PM Kira Rubel <kira at theharborlawgroup.com>
wrote:

> Hey team - I don't know about the rest of you but I'm so tired of telling
> my surviving spouses that they have to do a lack of probate affidavit or,
> worse yet, a probate for the home they owned as community property!
>
> Assuming there is no living trust or community property agreement, am I
> correct that RCW 64.28.040 is the third workaround, in that it allows a
> married couple to hold title to real property as JTWROS and still get the
> full step-up in tax basis on the first death? If so, why don't I see more
> deeds held this way?  Is anyone else doing this?
>
> *Kira M. Rubel, Esq.*
>
> **Licensed in CA and WA*
>
>
>
> 8811 N. Harborview Dr. Ste. B
> Gig Harbor, WA 98332-2174
> Tel.  (253) 358-2215
>
> *https://theharborlawgroup.com/ <https://theharborlawgroup.com/>*
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