[WSBARP] WSBARP Digest, Vol 87, Issue 13

Fri Dec 10 12:12:14 PST 2021

Cyrus,      The deed creates a very strong presumption. I would simply check with a title company and ask if they will insure title. I would think they would.
Steve

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com

-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Fri, Dec 10, 2021 12:00 pm
Subject: WSBARP Digest, Vol 87, Issue 13

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Today's Topics:

  1. Re: married persons deed listed as joint tenants with right
      of survivorship? (Kary Krismer)
  2. Re: married persons deed listed as joint tenants with right
      of survivorship? (Eric Nelsen)
  3. Re: married persons deed listed as joint tenants with right
      of survivorship? (Paul Neumiller)
  4. fence issue (Roger Hawkes)
  5. Re: married persons deed listed as joint tenants with    right
      of survivorship? (Jennifer Johnson)
  6. Re: fence issue (Michael Brandt)
  7. Voluntary dismissal of judicial foreclosure (Julie Nichols)
  8. Re: married persons listed on deed (cyfield at rockisland.com)

----------------------------------------------------------------------

Message: 1
Date: Fri, 10 Dec 2021 10:28:27 -0800
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] married persons deed listed as joint tenants
    with right of survivorship?
Message-ID: <a056e9ca-c6a3-c24f-529a-ef6c56acb598 at comcast.net>
Content-Type: text/plain; charset="utf-8"; Format="flowed"

No.

Kary L. Krismer
206 723-2148

On 12/10/2021 10:14 AM, Carolyn Lake wrote:
>
> Is anyone noticing a trend of title companies drafting deeds to 
> married person as ?joint tenants with right of survivorship? as 
> opposed to ? martial community? or ?as husband and wife? ??
>
> Did I miss some change?
>
> */Onward! /*
>
> */Carolyn A. Lake /**. **//*
>
> Goodstein Law Group PLLC ? *501 South "G" Street?- Tacoma, WA 98405*
>
> 253.779.4000 office -*_253.229.6727 cell_*-253.779.4411 fax
>
> *Please contact GLG Attorneys directly via cell phone or email. *
>
> *CONFIDENTIALITY NOTICE: This email message may be protected by the 
> attorney/client privilege, work product doctrine or other 
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>
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Message: 2
Date: Fri, 10 Dec 2021 18:32:16 +0000
From: Eric Nelsen <eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] married persons deed listed as joint tenants
    with right of survivorship?
Message-ID:
    <098D0346993E6A48B0D5F184C0AB002E8C9A1F at SBS2011.sayrelawoffices.local>
Content-Type: text/plain; charset="us-ascii"

I haven't seen that in King County. I sure hope that doesn't become a trend; there is enough foolishness happening already in the way deeds get drafted.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Carolyn Lake
Sent: Friday, December 10, 2021 10:15 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] married persons deed listed as joint tenants with right of survivorship?

Is anyone noticing a trend of title companies drafting deeds to married person as "joint tenants with right of survivorship" as opposed to " martial community" or "as husband and wife"  ?
Did I miss some change?

Onward!
Carolyn A. Lake .
Goodstein Law Group PLLC - 501 South "G" Street - Tacoma, WA 98405
253.779.4000 office -253.229.6727 cell -253.779.4411 fax
Please contact GLG Attorneys directly via cell phone or email.
CONFIDENTIALITY NOTICE: This email message may be protected by the attorney/client privilege, work product doctrine or other confidentiality protection. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, and then delete it. Thank you.
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Message: 3
Date: Fri, 10 Dec 2021 18:34:27 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] married persons deed listed as joint tenants
    with right of survivorship?
Message-ID:
    <MW3PR13MB3980B999B07722384D90CAEBD2719 at MW3PR13MB3980.namprd13.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

No for Island County.  In fact, I spoke with a local senior title officer just yesterday and asked for the latest thought on vesting for married persons.  He said they are now using Doe and Doe, "a married couple."

[cid:image001.jpg at 01D7EDB1.7B92C6D0]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: Friday, December 10, 2021 10:28 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] married persons deed listed as joint tenants with right of survivorship?

No.

Kary L. Krismer

206 723-2148
On 12/10/2021 10:14 AM, Carolyn Lake wrote:
Is anyone noticing a trend of title companies drafting deeds to married person as "joint tenants with right of survivorship" as opposed to " martial community" or "as husband and wife"  ?
Did I miss some change?

Onward!
Carolyn A. Lake .
Goodstein Law Group PLLC - 501 South "G" Street - Tacoma, WA 98405
253.779.4000 office -253.229.6727 cell -253.779.4411 fax
Please contact GLG Attorneys directly via cell phone or email.
CONFIDENTIALITY NOTICE: This email message may be protected by the attorney/client privilege, work product doctrine or other confidentiality protection. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, and then delete it. Thank you.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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Message: 4
Date: Fri, 10 Dec 2021 18:51:28 +0000
From: Roger Hawkes <Roger at law-hawks.com>
To: Real Property Listserve <wsbarp at lists.wsbarppt.com>,
    "wsajgeneralpractice at lists.washingtonjustice.org"
    <wsajgeneralpractice at lists.wa.membercentral.org>
Subject: [WSBARP] fence issue
Message-ID:
    <CO6PR16MB4097328621B8A60EBD6E06F3E9719 at CO6PR16MB4097.namprd16.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Client has dispute with neighbor about neighbors fence falling down; I don't see any statutes that apply unless it abuts public property so it could be a nuisance.  Do any of you have any wisdom about such issues?  It has not fallen on anyone yet, although it falls onto my client's property.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
Fax: 206 367 4005

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Message: 5
Date: Fri, 10 Dec 2021 19:08:07 +0000
From: Jennifer Johnson <jen at haniganlaw.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] married persons deed listed as joint tenants
    with    right of survivorship?
Message-ID:
    <2qCBOlrI3sdSR6Cj_IRMx6KSz7S9vy8SLBB-MXm8ABfgXC_eAeOedAURmTqvzyfwJ5bKgi3-LqDlHU9sZKxRnTm5c99-WVMRHWTeT0F8_-0=@haniganlaw.net>

Content-Type: text/plain; charset="utf-8"

The only time we include joint tenancy language for the married grantees in a deed is if they instruct us to. They are usually couples who are from separate property states. It doesn't happen very often.

Jennifer M. Johnson

Title Officer | Attorney
Wahkiakum Title & Escrow Co.
Hanigan Law Office, PS
68 Main Street / P.O. Box 39
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
www.wahtitle.com

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??????? Original Message ???????
On Friday, December 10th, 2021 at 10:14 AM, Carolyn Lake <CLake at goodsteinlaw.com> wrote:

> Is anyone noticing a trend of title companies drafting deeds to married person as ?joint tenants with right of survivorship? as opposed to ? martial community? or ?as husband and wife? ?
>
> Did I miss some change?
>
> Onward!
>
> Carolyn A. Lake .
>
> Goodstein Law Group PLLC ? 501 South "G" Street - Tacoma, WA 98405
>
> 253.779.4000 office -253.229.6727 cell -253.779.4411 fax
>
> Please contact GLG Attorneys directly via cell phone or email.
>
> CONFIDENTIALITY NOTICE: This email message may be protected by the attorney/client privilege, work product doctrine or other confidentiality protection. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, and then delete it. Thank you.
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Message: 6
Date: Fri, 10 Dec 2021 19:33:29 +0000
From: Michael Brandt <mbrandt at brandtlawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>,
    "wsajgeneralpractice at lists.washingtonjustice.org"
    <wsajgeneralpractice at lists.wa.membercentral.org>
Subject: Re: [WSBARP] fence issue
Message-ID:
    <MW3PR13MB39807590A9573D654CDC26A2DD719 at MW3PR13MB3980.namprd13.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

There is basic trespass and nuisance.  I generally write a demand letter that says move it or in two weeks we will set it on your property and if you don't agree, you know where the Court is.

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<http://www.brandtlawgroup.com/>

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The information contained in this e-mail and in any attached document(s) is CONFIDENTIAL and may be protected by attorney-client privilege and/or the work-product doctrine. The e-mail (and attached document(s)) is intended for use by the person(s) to whom this e-mail is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of such e-mail and/or document(s) is strictly prohibited. If you have received this e-mail and/or any attached document(s) in error, please immediately notify us by telephone at (206) 441-5739.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Friday, December 10, 2021 10:51 AM
To: Real Property Listserve <wsbarp at lists.wsbarppt.com>; wsajgeneralpractice at lists.washingtonjustice.org <wsajgeneralpractice at lists.wa.membercentral.org>
Subject: [WSBARP] fence issue

Client has dispute with neighbor about neighbors fence falling down; I don't see any statutes that apply unless it abuts public property so it could be a nuisance.  Do any of you have any wisdom about such issues?  It has not fallen on anyone yet, although it falls onto my client's property.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
Fax: 206 367 4005

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Message: 7
Date: Fri, 10 Dec 2021 11:40:00 -0800
From: "Julie Nichols" <julie at whitehousenichols.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Cc: 'Stephen Whitehouse' <swhite8893 at aol.com>
Subject: [WSBARP] Voluntary dismissal of judicial foreclosure
Message-ID: <03ce01d7edfd$b8db7d60$2a927820$@whitehousenichols.com>
Content-Type: text/plain; charset="us-ascii"

I am looking for ideas, if any, short of bringing an action under RCW
7.28.300, for the following scenario:

Deed of Trust entered into 12/23/96

Grantor dies 4/4/12

Judicial foreclosure action filed 5/18/2016 alleging date of default of
8/10/12

Motion for Voluntary Dismissal filed 4/29/19 ("Plaintiff hereby moves for
voluntary dismissal, pursuant to CR41(a)")

Court enters General Judgment of Voluntary Dismissal 5/7/19

Anyone successfully argued that the lis pendens and deed of trust could be
insured over in this situation?

Thanks in advance,

Julie Nichols

Julie Nichols

Whitehouse & Nichols, LLP

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave, Suite 300 (physical only-no mail)

Shelton, WA  98584

360.426.5885

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Message: 8
Date: Fri, 10 Dec 2021 11:54:38 -0800
From: <cyfield at rockisland.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] married persons listed on deed
Message-ID: <005001d7edff$c5ee9670$51cbc350$@rockisland.com>
Content-Type: text/plain; charset="us-ascii"

Not to hijack the conversation, but I have a tangential issue. Decedent came
into raw property 40 years ago. He subsequently remarries and deeds property
to H and W "as husband and wife" and they build home/improve property. Some
30 years later H dies. Now 5 years after death of H, surviving spouse wants
to get property into her own name. Surviving W cant find original Will but a
copy purportedly executed year before death says estate passes to surviving
spouse and then lists a bunch of contingent charities.  However, the rub is
deceased spouse had several children from prior relationship who were not
involved in the last 20 years or so of his life.  

To clear title, options now include: 1)  trying to probate a copy of the
Will, which deceased kids may object to or 2) probating intestate estate.
My concern is that if we go intestate route, H's kids might try to say,
despite language in deed and time elapsed, that home is not "community
property" and, as a result, they are entitled to an intestate share and we
are left trying to do a detailed forensics accounting.  Am I overthinking
this? Admittedly, I haven't researched this in depth yet but was curious
what others thought shooting from the hip. TIA, Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone:
360-472-1223 

Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St #214,
Friday Harbor, WA

****************************************************************

The information contained in this email message, including attachments, may
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strictly prohibited. If you think you have received this email in error,
please email the sender at  <mailto:cyfield at rockisland.com>
cyfield at rockisland.com and destroy or delete the original and any copies. 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Friday, December 10, 2021 10:34 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] married persons deed listed as joint tenants with
right of survivorship?

No for Island County.  In fact, I spoke with a local senior title officer
just yesterday and asked for the latest thought on vesting for married
persons.  He said they are now using Doe and Doe, "a married couple."  

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Kary Krismer
Sent: Friday, December 10, 2021 10:28 AM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: Re: [WSBARP] married persons deed listed as joint tenants with
right of survivorship?

No.

Kary L. Krismer
206 723-2148

On 12/10/2021 10:14 AM, Carolyn Lake wrote:

Is anyone noticing a trend of title companies drafting deeds to married
person as "joint tenants with right of survivorship" as opposed to " martial
community" or "as husband and wife"  ?

Did I miss some change? 

Onward! 

Carolyn A. Lake .  

Goodstein Law Group PLLC - 501 South "G" Street - Tacoma, WA 98405

253.779.4000 office -253.229.6727 cell -253.779.4411 fax

Please contact GLG Attorneys directly via cell phone or email.  

CONFIDENTIALITY NOTICE: This email message may be protected by the
attorney/client privilege, work product doctrine or other confidentiality
protection. If you believe that it has been sent to you in error, do not
read it. Please reply to the sender that you have received the message in
error, and then delete it. Thank you.

***Disclaimer: Please note that RPPT listserv participation is not
restricted to practicing attorneys and may include non-practicing attorneys,
law students, professionals working in related fields, and others.***

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End of WSBARP Digest, Vol 87, Issue 13
**************************************
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