[WSBARP] Joint Tenancy, Remainder to the Survivor of them

[Jeff at bellanddavispllc.com]

Listmates:

 

A deed, prepared by an out of state lawyer, transfers title to Grantees "as
joint tenants, remainder to the survivor of them."  I always assumed, in
Washington to create a valid JTWROS you had to say it.  Joint tenants with
right of survivorship.  In looking at RCW 64.28.010, the first line spells
it all out, but in the middle of that paragraph it says "Joint tenancy shall
be created only by written instrument, which instrument shall expressly
declare the interest created to be a joint tenancy."  Is just saying "joint
tenancy" enough?  Also, to say "remainder to the survivor of them" is Will
language.  Is the grant not valid because the deed is not executed like a
Will, with witnesses?  

 

The time is right to fix this if there is a problem.  Your thoughts.

 

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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