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

Thu Jul 14 02:26:57 PDT 2022

Jeanne, Yes, I include that signed statement by the grantees on JTWROS
deeds. It's been my understanding that title companies want to see that
signed statement included in order to ensure clarity of the grantees'
intentions from the outset.

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com

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On Wed, Jul 13, 2022 at 3:39 PM Jeanne Dawes <jjdawes at goregrewe.com> wrote:

> I’m curious, I’ve not had a JTWROS deed for a while, but I typically
> include a statement on the deed by the Grantees that they intend to take
> the property as JTWROS, and have they sign the statement.  Does anyone else
> do this?
>
>
>
> *Jeanne*
>
>
>
> *Jeanne J.* *Dawes*
>
> Attorney at Law
>
> Gore & Grewe, P.S.
>
> 103 E. Indiana Avenue, Suite A
>
> Spokane, WA 99207-2317
>
> Voice:  509-326-7500
>
> Fax:      509-326-7503
>
> jjdawes at goregrewe.com
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> *From:* wsbarp-bounces at lists.wsbarppt.com *On Behalf Of *Mark Anderson
> *Sent:* Wednesday, July 13, 2022 3:26 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them
>
>
>
> Any ambiguity in the language could be remedied by correcting the deed to
> clarify the interest transferred and then re-recording the deed.
> Hopefully, the bank is available and cooperative.
>
>
>
>
> *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)
> marka at mbaesq.com
> www.mbaesq.com
>
>
> *CONFIDENTIALITY NOTICE *This transmission is confidential and is
> intended solely for the use of the individual named recipient. It may be
> protected by the attorney-client privilege, work product doctrine, or other
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> person responsible to deliver it to the intended recipient, be advised that
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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:* 07/13/2022 12:58 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them
>
>
>
> 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
> 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
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com  or call
> 360.683.1129.
>
>
>
>
>
> *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)
> marka at mbaesq.com
> www.mbaesq.com
>
>
> *CONFIDENTIALITY NOTICE *This transmission is confidential and is
> intended solely for the use of the individual named recipient. It may be
> protected by the attorney-client privilege, work product doctrine, or other
> confidentiality protection. If you are not the intended recipient, or the
> person responsible to deliver it to the intended recipient, be advised that
> any dissemination, distribution, or copying of this communication is
> prohibited. If you have received this transmission in error, please
> immediately notify the sender via e-mail or by telephone at (253) 327-1750
> that you have received the message in error, and then delete it. Thank you.
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>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> 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>
> *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
>
> 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
> 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
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com  or call
> 360.683.1129.
>
>
>
>
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