[WSBARP] TIC or JTWROS?

[Mark Vohr]

I have a title person in Jefferson county telling me it's common practice in title companies when property is acquired as "husband and wife" (the type of ownership - TIC or JTWROS is not indicated in the deed)  to pass the ownership to the surviving spouse without any kind of conveyance since Washington is a community property state, all they require is proof of death of the spouse.  Title has always done this, we've used death certificates, lack of probate affidavit's or actual probates as proof of death of the spouse and then just vest the ownership in the surviving spouse.

My understanding is that a transfer to H&W (or any conveyance to more than one person) without indicating the type of ownership creates a tenancy in common, RCW 64.28.020.   In our case the decedent left his entire estate in trust for his surviving spouse, which I would conclude would include his TIC share in real property.  Title transferred it all to the surviving spouse.  It would seem we have to claw it back.

Thoughts?  Thanks in advance.


Regards,

Mark

Ohana Fiduciary Corp.
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>

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