[WSBARP] Joint Tenants in Real Estate

[Gregory L. Ursich]

Rain: So if the “survivor” under a JTWROS does not survive an additional 120 hours, where does the property go upon the death of that survivor? -Greg Ursich

Sent from my iPhone

On Aug 6, 2019, at 9:08 AM, Rani K. Sampson <rani at overcastlaw.com<mailto:rani at overcastlaw.com>> wrote:

And remember, hours do count – Washington counts to 120 hours of survivorship.  Survive longer than that and all the JTWROS property goes to the survivor.
https://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.020

Rani K. Sampson
Overcast Law Offices | Attorney
23 S Wenatchee Ave #320, Wenatchee WA 98801 | (509) 663-5588 x 6

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Dwight Bickel
Sent: Wednesday, July 31, 2019 10:12 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Joint Tenants in Real Estate

John mccrady


Thanks



-------- Original message --------
From: John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>>
Date: 7/31/19 9:42 AM (GMT-08:00)
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Joint Tenants in Real Estate

As usual, Dwight is correct, though I believe he meant to say “with rights of survivorship” rather than “tenants in common”.

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] On Behalf Of Dwight Bickel
Sent: Tuesday, July 30, 2019 3:55 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Joint Tenants in Real Estate

Without a Will altering the answer, intestate owners as tenants in common each pass their interest as if the other passed previously:

https://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.040<https://eur01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.05A.040&data=02%7C01%7C%7C3357d07ca6d149010b9508d715d60ba9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637001881385240660&sdata=VMRdPqgPhwqLH8ufykHZuObbRrLpZVN%2FZCAkt0aAHS4%3D&reserved=0>



________________________________
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Jim Doran <jim at doranlegal.com<mailto:jim at doranlegal.com>>
Sent: Tuesday, July 30, 2019 2:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Joint Tenants in Real Estate

Real Property Folks:

An unmarried couple wants to have their names on the Real estate deed as Joint Tenants so that if one dies the other one gets the property.  This is all fine.

However, the client asked an interesting question.  If both joint owners get wiped out, killed, at the same time like in an auto accident, what happens to the jointly owned property?  Is it a fight over who actually dies first?  Minutes count???

I would think that if both joint owners die at the same time then the joint ownership will pass to each of their heirs.  The heirs then become joint owners.

A simple Will expressing what they want to happen in such an instance is probably a good idea.

Jim Doran

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.doranlegal.com&data=02%7C01%7C%7C3357d07ca6d149010b9508d715d60ba9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637001881385250664&sdata=R%2Bmc5LKZ9%2BR4CjGYNnOZAzK6tu%2Fq%2BukpsbHYVxQ019s%3D&reserved=0>
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