[WSBARP] Can a Will Revoke a JTWROS

Craig Blackmon craig at lawofficeofcraigblackmon.com
Wed Oct 27 08:38:06 PDT 2021


I must ask: Isn't this actually community property? So don't you need that
analysis as well, i.e. how to devise the client's 1/2 *community interest*
in the property?

I love this list!

Craig
Craig Blackmon, Attorney at Law
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On the blog: Co-Ownership of Real Property by Single People
<https://www.fsbolawyers.org/blog/tenants-in-common-agreement>
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On Wed, Oct 27, 2021 at 8:31 AM John J. Sullivan <sullaw at comcast.net> wrote:

> Jeff:
>
> You are right that a super will provision will not achieve the client’s
> purpose.
>
> But “ [a] joint tenancy shall have the incidents of survivorship and
> severability as at common law, including the unilateral right of each
> tenant to sever the joint tenancy ….”
>
> https://app.leg.wa.gov/rcw/default.aspx?cite=64.28.010
>
> The client can sever the JTWROS if he wants his interest to pass under his
> will to his son.
>
> John J. Sullivan
>
> Sent from my iPad
>
> On Oct 27, 2021, at 6:56 AM, Jeff at bellanddavispllc.com wrote:
>
> 
>
> Listmates,
>
>
>
> PC owns house with his wife as JTWROS.  He now wants to bequeath his ½
> interest to his son.  This is a blended family and PC is afraid if he
> predeceases W, that W will leave everything to her children.  Can a Will,
> in essence a Super Will, defeat the Joint Tenancy?   In looking at RCW
> 11.11.010(7)(a)(i), it appears a JTWROS, like Transfer on Death Deeds,
> defeat any Will provision that tries to change those non-probate
> designations.  Have any of you had experience with this issue?
>
>
>
> Jeff Davis
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
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> email: jeff at bellanddavispllc.com
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