[WSBARP] JTROS Question

[Catherine Clark]

All:

What say you on this.

A & B buy property and take as JTROS.  The deed says JTROS "and not as tenants in common."  My view is that the title is under JTROS and won't be construed as tenants in common given this language despite the preference for tenancy in common.

B has a terminal disease.  B would like to convey his interest in the property to C.

What do you think happens on B's death, which appears to be imminent.  My view, is at best, C takes a life estate measured by B's life.  I further think that B cannot eliminate the ROS in A by a mere conveyance.  Would not A have to agree?

Sorry to wake you on a Friday with a future interest question.

Thanks for all your thoughts.

Cat

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Direct Dial:  (206) 274-7941
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com

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