[WSBARP] JTROS Question

[Rick Hoss]

Cat - 64.28.010 grants each JT the unilateral right to sever. "A joint
tenancy shall have the incidents of survivorship and severability as at
common law, including the unilateral right of each tenant to sever the joint
tenancy."

Rick

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Catherine Clark
Sent: Friday, May 12, 2017 8:58 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] JTROS Question

 

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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