[WSBARP] Can a Will Revoke a JTWROS

Wed Oct 27 08:46:55 PDT 2021

John & Craig,

First, John,

I read RCW 64.28.010.  What does it mean that a joint tenant has a unilateral right to sever  the  joint tenancy.  How is that done?  Can the PC record a document saying he is severing the joint tenancy?

Craig,

I always understood that each spouse has a right to transfer their community interest, by Will, to anyone they want.  This become especially, painful, in a blended family setting where one spouse gives his or her CP interest to their children, without reserving a life estate in the surviving spouse.  Of course the step-children hate the evil step-parent and immediately move to sell the house to get their rightful share.

Jeff

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Blackmon
Sent: Wednesday, October 27, 2021 8:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBARP] Can a Will Revoke a JTWROS

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 <https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240> 

92 Lenora St. #8, Seattle WA  98121 

Office/Cell: (206) 369-5949   

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 <mailto: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 <mailto: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
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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