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

Thu Jul 14 07:24:59 PDT 2022

That is my understanding also, plus there is some statutory language that supports this.

Jeanne Dawes
Sent from my iPad

On Jul 14, 2022, at 2:31 AM, Sarah McCarthy <sarah at kawlawyers.com> wrote:

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)
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On Wed, Jul 13, 2022 at 3:39 PM Jeanne Dawes <jjdawes at goregrewe.com<mailto: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.
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Spokane, WA 99207-2317
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From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <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: 07/13/2022 12:58 PM
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

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>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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)
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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.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <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
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <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: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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