[WSBARP] TIC or JTWROS?

Thu Sep 12 09:38:11 PDT 2019

Hi Mark:

I agree, TIC.

When in doubt I check with David Lawson at Chicago Title.

Sarah E. Smith, Esq.
MULLAVEY, PROUT, GRENLEY & FOE, LLP
2401 N.W. SIXTY-FIFTH
P.O. Box 70567
SEATTLE, WASHINGTON  98127
(206) 789-2511
FAX:  (206) 789-4484
sesmith at ballardlawyers.com<mailto:sesmith at ballardlawyers.com>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Mark Vohr
Sent: Thursday, September 12, 2019 9:20 AM
To: WSBA Real Property Listserv
Cc: Jerry Krane; Catherine McCarthy
Subject: Re: [WSBARP] TIC or JTWROS?

Thanks Josh – We opened a probate – and then found our about the transfer.  The Will leave the decedent’s entire estate in a marital trust.  I agree with you – the interest is a TIC and I think the title company was wrong to have transferred the interest, apparently “automatically” to the surviving spouse.

Regards,

Mark

Mark C. Vohr
Ohana Fiduciary Corp.
Ohana Financial Services
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      www.ohanafc.com

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, September 12, 2019 8:57 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] TIC or JTWROS?

TIC.
I would think just sending a copy of the will would fix it.  You don’t say if  a probate was filed or in what manner it was “left his estate to SS), but I assume it was in a LW&T?

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Mark Vohr<mailto:mcv at ohanafc.com>
Sent: Wednesday, September 11, 2019 5:33 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] TIC or JTWROS?

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
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