[WSBAPT] JTWROS - Community Property question

[Lewis, Amy C.]

I see JTWROS deeds from California and Arizona, but rarely in Washington.  Here I think the Community Property Agreement is the simple solution for married couples who do not have taxable estates.


Amy Lewis, Attorney
Pronouns she/her/hers
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909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kira Rubel
Sent: Thursday, May 4, 2023 2:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] JTWROS - Community Property question

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
[https://drive.google.com/a/theharborlawgroup.com/uc?id=1E57YB_h2v4LJLf-5LkuttKj5KjL212Bk&export=download]

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