[WSBARP] JTWROS v. C/P

Teunis J. Wyers teunisj at wyerslawpc.com
Tue Mar 13 10:20:01 PDT 2018


Thanks, Doug Schafer, for pointing out the relevant statute.
I am still curious, though, what benefit a married couple derives from
holding property as JTWROS, as opposed to C/P.  Within the estate planning
context, it would seem to me that it is easier to create a credit shelter
trust upon a first death if the property is held as C/P.

On Mon, Mar 12, 2018 at 4:33 PM, Doug Schafer <schafer at pobox.com> wrote:

> See http://app.leg.wa.gov/RCW/default.aspx?cite=64.28.040  As I recall,
> it was adopted to ensure that married couples' property would get a
> stepped-up basis as community property even thought it might be titled as a
> joint tenancy.
>
> Doug Schafer, in Tacoma.
>
> On 3/12/2018 3:30 PM, Teunis J. Wyers wrote:
>
> Washington couple owns significant assets as joint tenants with right of
> survivorship.  I am thinking that upon the death of one spouse, there would
> be stepped-up basis in half the value of their real property, whereas if
> they owned the property as community property, there would be a step up in
> the entire property value.
>
> Second question: why would married persons in Washington ever want to hold
> real property as joint tenants with right of survivorship?
>
> --
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-- 
Teunis J. Wyers @ Wyers|Wyers, Attorneys
Oregon Office:
     216 Columbia St. - P.O. Box 917
     Hood River, OR 97031
     (541)386-2210/610-1520 (fax)
Washington Office:
     218 E. Steuben St. - P. O. Box 421
     Bingen, WA  98605
     (509) 493-2772/493-2406 (fax)
Email:  teunisj at wyerslawpc.com
Web:  www.wyerslawpc.com

NOTICE:  This email (including any attachments) is covered by the
Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522,
is confidential and privileged.  This email is solely for the personal and
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