[WSBARP] Can a Will Revoke a JTWROS

John J. Sullivan sullaw at comcast.net
Wed Oct 27 09:09:28 PDT 2021 

Jeff:

I would have the client deed his interest to himself as TIC, severing the JT. 

https://www.santaellalaw.com/blog/2021/february/how-to-sever-joint-ownership-of-property/

I’m not a dirt attorney, but I would probably use a SWD rather than a QCD, to not risk losing title insurance. 

One thing I’m not certain of, but I believe the effect is to convert the spouse’s interest into TIC as well. 

John J. Sullivan

Sent from my iPhone

> On Oct 27, 2021, at 8:48 AM, jeff at bellanddavispllc.com wrote:
> 
> 
> 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: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>  
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com  or call 360.683.1129.
>  
>  
> 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
> 92 Lenora St. #8, Seattle WA  98121 
> Office/Cell: (206) 369-5949   
> On the blog: Co-Ownership of Real Property by Single People
>    
> CONFIDENTIALITY NOTICE: This communication is a private, confidential electronic communication encompassed by 18 USC 2510. It is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of its confidential or privileged nature.  Any review or distribution by others is strictly prohibited. If you are not the intended recipient please inform the sender and destroy all copies.
>  
>  
> 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
> Phone: (360) 683.1129 
> Fax: (360) 683.1258 
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>  
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com  or call 360.683.1129.
>  
>  
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