[WSBARP] Deed to husband and wife- JTWROS?

Tue Sep 18 07:34:50 PDT 2018

You can avoid probate with community property, at least as to the 
personal residence.  Not sure about other community real property such 
as investment property.

I've had several transactions over the years where a spouse died and the 
residence was later sold without a probate proceeding.  As I mentioned 
in the direct email, one even occurred where the husband unexpectedly 
died on the day an offer came in.  There was no delay in closing.

And again, before going the JTWRS route I'd make sure that would still 
give you the step up in basis on the death of a spouse.  I think it 
would because technically the property would still be community 
property, but I'd ask a tax attorney because that could be a huge 
problem if it didn't get the step up in basis.

Also, someone else mentioned that there would not be a presumption of 
community property in a deed made out to a husband and wife.  Has 
Creasman been overruled?  Even a deed to a single spouse is presumed to 
be community property under Creasman.

Kary L. Krismer
John L. Scott/KMS
206 723-2148

On 9/17/2018 5:59 PM, Anessa Novasio wrote:
> Thanks John. The purpose is to avoid probate. My understanding is that 
> to do that it has to be explicitly deeded as joint tenants with right 
> of survivorship. And husband and wife as community property is not 
> enough to avoid probate. So I didn’t really ask my question is clearly 
> as I should have. Any further advice would be appreciated. Thank you
>
> On Mon, Sep 17, 2018 at 5:04 PM John McCrady <j.mccrady at pstitle.com 
> <mailto:j.mccrady at pstitle.com>> wrote:
>
>     One caveat:  RCW 64.28.020 does create a presumption that property
>     acquired by the spouses is community property.  So the conveyance
>     must be clear enough to overcome the presumption if they do not
>     want the title to be community property.  We usually recommend
>     adding “…and not as tenants in common and not as community property.”
>
>     John McCrady
>
>     Counsel
>
>     Puget Sound Title Company
>
>     5350 Orchard Street West
>
>     University Place WA 98467
>
>     253-476-5721
>
>     j.mccrady at pstitle.com <mailto:j.mccrady at pstitle.com>
>
>     *From:*wsbarp-bounces at lists.wsbarppt.com
>     <mailto:wsbarp-bounces at lists.wsbarppt.com>
>     [mailto:wsbarp-bounces at lists.wsbarppt.com
>     <mailto:wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Eric Nelsen
>     *Sent:* Monday, September 17, 2018 2:38 PM
>     *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
>     <mailto:wsbarp at lists.wsbarppt.com>>
>     *Subject:* Re: [WSBARP] Deed to husband and wife- JTWROS?
>
>     Correct, to create JTWROS with husband and wife you must have deed
>     to them "as joint tenants with right of survivorship." Merely
>     designating them as "husband and wife" does not create a right of
>     survivorship. In fact, in most instances it doesn't even create a
>     presumption that the property is community property of the
>     spouses--it could still be the separate property of one of them.
>
>     Sincerely,
>
>     Eric
>
>     Eric C. Nelsen
>
>     SAYRE LAW OFFICES, PLLC
>
>     1417 31st Ave South
>
>     Seattle WA  98144-3909
>
>     phone 206-625-0092
>
>     fax 206-625-9040
>
>     *From:*wsbarp-bounces at lists.wsbarppt.com
>     <mailto:wsbarp-bounces at lists.wsbarppt.com>
>     [mailto:wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Anessa
>     Novasio
>     *Sent:* Monday, September 17, 2018 11:00 AM
>     *To:* WSBA Real Property Listserv
>     *Subject:* [WSBARP] Deed to husband and wife- JTWROS?
>
>     Greetings,
>
>      My understanding is that a deed with the grantees as husband and
>     wife does not automatically create a joint tenancy with right of
>     survivorship.
>
>     So in order to have a JTWROS one would need a quit claim deed
>     specifying to X and Y as husband and wife as joint tenants with
>     right if survivorship per RCW  64.28.010.  Is that correct, or is
>     it enough to say to X and Y as husband and wife??
>
>     Thanks in advance!
>
>     Anessa
>
>     -- 
>
>     Anessa Novasio, Attorney at Law, PLLC
>
>     5623 Rainier Ave S
>
>     Seattle WA 98118
>
>     phone: (425) 954-7570
>     fax: (206) 260-9128
>
>     www.slidingscalelaw.com <http://www.slidingscalelaw.com>
>
>
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> -- 
> Anessa Novasio, Attorney at Law, PLLC
> 5623 Rainier Ave S
> Seattle WA 98118
> phone: (425) 954-7570
> fax: (206) 260-9128
> www.slidingscalelaw.com <http://www.slidingscalelaw.com>
>
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