[WSBARP] TIC or JTWROS?

[John McCrady]

I think every title company would require what we call a "Lack of Probate Affidavit" before vesting title in the surviving spouse.  On the lack of probate affidavit the surviving spouse is required to disclose whether the deceased had a will, and if so, we require a copy of the will for our review.  If the will leaves the property to someone other than the surviving spouse we require a disposition of that party's interest.

But, somewhat contrary to your statement, the interest acquired by "A and B, husband and wife" is presumed by law to be community property, not TIC. RCW 26.16.030<https://app.leg.wa.gov/RCW/default.aspx?Cite=26.16.030>

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Mark Vohr
Sent: Wednesday, September 11, 2019 5:33 PM
To: 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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