[WSBARP] Joint Tenants in Real Estate

[Dwight Bickel]

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



________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Jim Doran <jim at doranlegal.com>
Sent: Tuesday, July 30, 2019 2:09 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>
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