[WSBARP] Joint Tenants in Real Estate

[Doris Eslinger]

RCW 11.05A.040<http://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.040>
Minimum survival requirement—Co-owners.
Except as provided in RCW 11.05A.060<http://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.060>, if (1) it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by one hundred twenty hours, one-half of the property passes as if one had survived by one hundred twenty hours and one-half as if the other had survived by one hundred twenty hours, and (2) there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by one hundred twenty hours, the property passes in the proportion that one bears to the whole number of co-owners.


Regards,

Doris Eslinger
Eslinger Law Office
(425) 451-3237

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jim Doran
Sent: Tuesday, July 30, 2019 2:10 PM
To: WSBA Real Property Listserv <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<http://www.doranlegal.com>
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