[WSBARP] JTROS Question
Rick Hoss
rhoss at hctc.com
Fri May 12 09:15:55 PDT 2017
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
NOTICE: The information contained in this electronic information
transmission is confidential. If you are not the intended recipient, or the
employee or agent responsible for delivering it to the intended recipient,
you are hereby notified that any use, dissemination, distribution or copying
of this communication is prohibited. If you received this communication in
error, please immediately notify the sender by telephone at (206) 838-2528.
Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170512/3bb1429d/attachment.html>
More information about the WSBARP
mailing list