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

Wed Jul 13 12:57:31 PDT 2022

Mark,

The deed was from a bank which apparently took title through a deed of trust
foreclosure.  The attorney is from Ohio and the deed does not mention the
person is licensed in Washington.  The property is in Washington.  I want to
fix this before it becomes a problem.  

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Mark Anderson
Sent: Wednesday, July 13, 2022 12:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them

Some issues spring out at me.

I assume the "out-of-state" lawyer was not admitted to practice in
Washington.  Why did s/he prepare the document?

This question seems to involve property located in Washington.  Where is the
property (i.e., the state)?  

Is this an issue you want to fix before it becomes a problem, or has a
problem already been created by the existing language?

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)
 <mailto:marka at mbaesq.com> marka at mbaesq.com
 <http://www.mbaesq.com/> www.mbaesq.com

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From: wsbarp-bounces at lists.wsbarppt.com
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<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Andrew Hay
Sent: 07/13/2022 10:03 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them

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

 <http://www.washingtonlaw.net/> www.washingtonlaw.net

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From: wsbarp-bounces at lists.wsbarppt.com
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<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Wednesday, July 13, 2022 9:50 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto: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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> 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
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info at bellanddavispllc.com  or call 360.683.1129.

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