[WSBARP] JTROS Question

[Paul Neumiller]

In general, I think everyone’s initial response is correct BUT I had a probate matter about ten years ago where the deceased spouse transferred her interest in the community property residence to her son (by a previous marriage, of course) just before she died.  The surviving spouse successfully moved the probate court to set aside the deed to the son because it was an improper transfer of a community property asset without the surviving spouse’s permission.  Don’t know if this applies to you but you might want to look into it IF A and B are married.

[cid:image002.jpg at 01D2CB0D.582BE210]

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Friday, May 12, 2017 9:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] JTROS Question

If I understand your facts correctly, when B conveys to C, the joint tenancy is severed and A and C would hold title as tenants in common.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

From: wsbarp-bounces at lists.wsbarppt.com<mailto: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 <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
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<mailto:cat at loccc.com>

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