[WSBARP] Title held "with survivorship" : what happens if one owner gives interest away but dies 1st?

[Dwight Bickel]

As unfair as it may sound, a deed by GA will sever the survivorship attribute of joint tenancy, leaving the grantee and your client as 50% tenants in common. Another in the list of reasons why joint tenancy fails to achieve the goals people usually expect it to ensure.

However, a Power of Attorney usually cannot be used to convey property to the person holding the power. Some POAs give authority to gift, without a sale for full consideration, but it still is presumed that the person holding the fiduciary power cannot deed to himself/herself. Client could challenge the effectiveness of the POA to convey. Also consider whether GA has capacity to grant the POA, or if true then, whether GA is now incapacitated, requiring the POA to include durable provisions.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Monday, January 31, 2022 5:08 PM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Title held "with survivorship" : what happens if one owner gives interest away but dies 1st?

Client’s  elderly Great Aunt  (GA) in 2012 gave him his home by paying the purchase price.  She put herself and client as grantors “as joint tenants with right of survivorship”. Added to the deed was “Grantees by signing the acceptance below, evidence their intention to acquire said premises as joint tenants with the right of survivor ship, and not as community property or as tenants in common”.

Client believes GA is being influenced by other relatives under a new P of A to defraud GA including changing the title in favor of themselves.
Assuming a P of A for GA deeds the house to themselves now,   and then GA passes away (her health is not good), and client survives her passing, would he own 100% as the survivor under the original JTWROS deed because his joint owner died first?
Would this later dated P of A deed even create a “cloud of title” on client’s house?
Thanks
Josh
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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