[WSBARP] Title issue

[John McCrady]

I can only guess that this is the standard reluctance of title companies to insure through a joint tenancy, due to the strong presumption in law that title is intended to be acquired as tenants in common.   Our practice is to insure through a joint tenancy only if:

1)      The deed went into "A and B as joint tenants with right of survivorship and not as tenants in common."

2)      The deed is acknowledged  by the grantees, stating that they intend to acquire title as "joint tenants with right of survivorship and not as tenants in common."

3)      We have the survivor claiming title (or the successor of the survivor) sign an affidavit attesting to the normal estate tax and survivorship issues and that the joint tenancy had not been severed.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Claudia A Gowan
Sent: Thursday, April 12, 2018 5:25 PM
To: wsbarp at lists.wsbarppt.com; wsbapt at lists.wsbarppt.com
Subject: [WSBARP] Title issue

Colleagues and particularly those of you so skilled with title issues: I have encountered a problem that I have never encountered before.

Title company is refusing to clear title for title insurance purposes on property that was held as JTWROS. They are demanding that probate on 1st deceased either be reopened or that all intestate heirs sign off on a veritable lack of probate affidavit style series of documents that they want.

Basic facts:

Mom died years ago. Deed from mom's PR to brother and sister as JTWROS was recorded.  Brother died in 1995. Death certificate available.

Probate opened, but of course this property did not go through probate.

Good law firm so I assume that brother's death certificate was recorded or provided, but of course, that is not available on-line.

Sister died in 2017. Sister's estate is selling the property. Preliminary commitment says that property is vested in the heirs & devisees of both (deceased) sister and brother.

Title company says it's a "matter of policy" that any loose (my word) potential heirs of brother sign off for them to issue title insurance. They won't recognize the JTWROS status - which is clearly set forth on the deed.

Title company tells me that every title company does this...

Your thoughts?

Best, Claudia






Claudia A. Gowan

Claudia A. Gowan, PLLC
2101 Fourth Avenue, Suite 1900
Seattle, WA 98121
(206) 443-2733 (T)
(206) 448-1843 (F)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

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