[WSBARP] Can a Will Revoke a JTWROS

Wed Oct 27 11:15:39 PDT 2021

After severing the joint tenancy in the case of a married/partnered couple, the property remains community property, however held. (See, RCW 64.28.040).

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan
Sent: Wednesday, October 27, 2021 9:09 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

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<mailto: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<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://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<mailto:info at bellanddavispllc.com>  or call 360.683.1129.

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 Craig Blackmon
Sent: Wednesday, October 27, 2021 8:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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>
[Image removed by sender.]<https://seattlepropertylawyer.com/>   [Image removed by sender.] <https://www.fsbolawyers.org/>
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<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: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://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<mailto:info at bellanddavispllc.com>  or call 360.683.1129.

***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.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
***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.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
***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.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211027/4372668b/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 404 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211027/4372668b/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 440 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211027/4372668b/image002.jpg>