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

[Andrew Hay]

This language is not reliable to accomplish what these folks want.  It is the client's choice to fix it or not, but the recommendation here would have to be to fix it if possible since the language is imprecise.  What interest was conveyed by this language?  A joint tenancy yes, but what is the remainder? A court would try to determine the intent - likely to create a survivorship - but I wouldn't want to leave my kids with that problem.  I would want to clean it up now if possible.

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, July 13, 2022 9:50 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Joint Tenancy, Remainder to the Survivor of them

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: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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