[WSBARP] joint tenants with rights of survivorship

[Andrew Hay]

Short answer on CPA in my view is that a CPA can deal with some or all property.  So if you like that option to avoid probate between spouses, it is available.
RCW 26.16.120
Agreements as to status.
Nothing contained in any of the provisions of *this chapter or in any law of this state, shall prevent both spouses or both domestic partners from jointly entering into any agreement concerning the status or disposition of the whole or any portion of the community property, then owned by them or afterwards to be acquired, to take effect upon the death of either. But such agreement may be made at any time by both spouses or both domestic partners by the execution of an instrument in writing under their hands and seals, and to be witnessed, acknowledged and certified in the same manner as deeds to real estate are required to be, under the laws of the state, and the same may at any time thereafter be altered or amended in the same manner. Such agreement shall not derogate from the right of creditors; nor be construed to curtail the powers of the superior court to set aside or cancel such agreement for fraud or under some other recognized head of equity jurisdiction, at the suit of either party; nor prevent the application of laws governing the community property and inheritance rights of slayers or abusers under chapter 11.84<http://app.leg.wa.gov/RCW/default.aspx?cite=11.84> RCW.

I’ll leave the more nuanced features of the ToD and JTWROS deed to others but they appear on their face to also accomplish your goal of avoiding probate for H&W.
Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
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253.377.3085 (c)
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kristina Driessen
Sent: Wednesday, November 29, 2017 3:19 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: solo-and-small-practice-section at list.wsba.org
Subject: Re: [WSBARP] joint tenants with rights of survivorship

I know this has been posted before; but can someone explain the pit falls of putting property into joint tenants with rights of survivorship vs. two transfer on death deeds.
The parties are married and one spouse executed a QCD to the other; so both names are on title at this point.
The parties are married, but wish to avoid a probate. A community property agreement is not the answer as there are children from a previous union. Unless, it is possible to do a community property agreement that only relates to the real property?
I seem to recall the advantages of not doing the joint tenants with rights of survivorship, but am drawing a blank.

Kristina A. Driessen
Ryan & Driessen
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
kristina at rdattys.comcastbiz.net<mailto:kristina at rdattys.comcastbiz.net>

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