[WSBARP] married persons deed listed as joint tenants with right of survivorship?

Thu Apr 14 17:32:09 PDT 2022

Tim:

If husband is still living, then he is the surviving spouse for the purpose of the survivorship language in the deed that created community property.

If spouses hold real property with Right of Survivorship, we record the deceased spouse’s Death Certificate with reference to the document that created the Right of Survivorship.

He should have “clear title” to the property without any obligation to the deceased wife’s child.

My 2 cents.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Thursday, April 14, 2022 4:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] married persons deed listed as joint tenants with right of survivorship?

Regarding this issue…I have a related question that just came up on a case.

Husband purchased property as separate property prior to marriage when he was single. A few years later he marries wife and decided to add wife onto title as “A and B, husband and wife, community property with right of survivorship.” Wife later is diagnosed with cancer and executes a Will in Canada which gives all her property to her son (very long and strange story). The Will includes a provision that her interest in the property goes in Trust for son (who is disabled). Wife recently passes away and now husband is concerned with whether he is 100% owner of property or not.

In reading community property statute – a spouse can gift only up to ½ of community property. BUT, does the right of survivorship language supersede that “gift” and did title vest in husband as a joint tenant upon wife’s death? Also, wife contributed very little, if any money to maintenance costs of house/mortgage.

Timothy C. Lehr
Attorney at Law

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From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>>
Sent: Wednesday, April 13, 2022 8:38 PM
To: WSBA Real Property Listserv <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?

Carolyn -

Sorry I'm late to the party on this one. I've been on leave but I wanted to jump in and say that I've been trying to leave words like "husband" or "wife" off of deeds because, well, it's not really PC and I've been caught making embarrassing assumptions which have corrected my ways. So don't learn the hard way like I did. Cheers!

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On Fri, Dec 10, 2021 at 1:16 PM John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>> wrote:
I have not seen this from any local title company.  We do see it from the national entitles affiliated with national title insurers, none of whose names I will mention here.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
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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 Carolyn Lake
Sent: Friday, December 10, 2021 10:15 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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
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