[WSBARP] joint tenants with rights of survivorship

[Mark Higgins]

Would a cp agreement as to specific properties require separte counsel for
each party like a prenuptial agreement?

Mark

On Nov 29, 2017 5:45 PM, "Andrew Hay" <andrewhay at washingtonlaw.net> wrote:

> 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* <andrewhay at washingtonlaw.net>
>
> 253.272.2400 <(253)%20272-2400> (w)
>
> 253.377.3085 <(253)%20377-3085> (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 <kristina at rdattys.comcastbiz.net>*
>
>
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