[WSBARP] WSBARP Digest, Vol 94, Issue 12
Stephen Whitehouse
swhite8893 at aol.com
Fri Jul 15 13:08:13 PDT 2022
I agree with Andrew, fix it. I think the language is marginal. The other issue is what would a COA do. Quite frankly, Div. I and II have become very unpredictable on real property issues.
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com
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Sent: Thu, Jul 14, 2022 7:25 am
Subject: WSBARP Digest, Vol 94, Issue 12
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Today's Topics:
1. Re: Joint Tenancy, Remainder to the Survivor of them
(Mark Anderson)
2. Re: Joint Tenancy, Remainder to the Survivor of them
(Jeff at bellanddavispllc.com)
3. Re: Joint Tenancy, Remainder to the Survivor of them
(Mark Anderson)
4. Re: Joint Tenancy, Remainder to the Survivor of them
(Jeanne Dawes)
5. Older Lady Having Problems With Health Insurance (Dave Culbertson)
6. Gifting Exemptions (Mark Anderson)
7. Re: Joint Tenancy, Remainder to the Survivor of them
(Mark Anderson)
8. Re: Gifting Exemptions (Nick Pleasants)
9. Re: Deed Execution and Recording (John J. Sullivan)
10. Re: Joint Tenancy, Remainder to the Survivor of them
(Sarah McCarthy)
11. Re: Joint Tenancy, Remainder to the Survivor of them
(Jeanne Dawes)
----------------------------------------------------------------------
Message: 1
Date: Wed, 13 Jul 2022 19:47:58 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them
Message-ID:
<MW2PR12MB2379F7199A02AE8ACCEBDDEBC8899 at MW2PR12MB2379.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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.
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<http://www.washingtonlaw.net/>
THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
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/>
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<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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Message: 2
Date: Wed, 13 Jul 2022 12:57:31 -0700
From: <Jeff at bellanddavispllc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them
Message-ID: <006501d896f2$c9e3ef40$5dabcdc0$@bellanddavispllc.com>
Content-Type: text/plain; charset="us-ascii"
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
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 <mailto:info at bellanddavispllc.com>
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)
<mailto:marka at mbaesq.com> marka at mbaesq.com
<http://www.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.
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
Fax: (253) 267-8947
<http://www.washingtonlaw.net/> www.washingtonlaw.net
THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED
RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE
NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
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: <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
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 <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com or call 360.683.1129.
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Message: 3
Date: Wed, 13 Jul 2022 22:25:30 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them
Message-ID:
<MW2PR12MB2379234980081B6AD9786DC4C8899 at MW2PR12MB2379.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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.
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<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://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<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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.
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
Fax: (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>
THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
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/>
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<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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------------------------------
Message: 4
Date: Wed, 13 Jul 2022 22:33:12 +0000
From: Jeanne Dawes <jjdawes at goregrewe.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them
Message-ID:
<MW4PR05MB8203DF4ED094B914CC827838AC899 at MW4PR05MB8203.namprd05.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
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<mailto:jjdawes at goregrewe.com>
[cid:image001.png at 01D896CD.DB9A6360][cid:image002.png at 01D896CD.DB9A6360]
INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL.
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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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.
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>
www.bellanddavispllc.com<http://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<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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.
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
Fax: (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>
THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
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/>
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<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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Message: 5
Date: Wed, 13 Jul 2022 22:35:27 +0000
From: Dave Culbertson <dculbertson at culbertsonlawoffice.com>
To: "solo-and-small-practice-section at list.wsba.org"
<solo-and-small-practice-section at list.wsba.org>,
"creditor-debtor-section at list.wsba.org"
<creditor-debtor-section at list.wsba.org>, "wsbapt at lists.wsbarppt.com"
<wsbapt at lists.wsbarppt.com>, "wsbarp at lists.wsbarppt.com"
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Older Lady Having Problems With Health Insurance
Message-ID: <423ebdfc7b4344f0918c217194e1aaa9 at S05-MBX02-15.S05.local>
Content-Type: text/plain; charset="us-ascii"
Hi, Listmates.
A former client is a spanish-speaking lady in her 80's. She's a citizen, but United Healthcare canceled her private supplemental policy on the grounds that she doesn't qualify due to some immigration reasons, and now she can't get some prescriptions filled. Social Security confirms to her that her status as a US citizen is clearly established, Medicare for some reason doesn't.
Not my area, but she could use some help. She's not wealthy, but she was able to cover my fee a few years ago on a separate matter so I think somebody could provide some advice and be compensated. Any referrals are welcome.
Best Regards,
Dave Culbertson
The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102
Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>
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Message: 6
Date: Wed, 13 Jul 2022 22:41:47 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Gifting Exemptions
Message-ID:
<MW2PR12MB23792722D8FC92CA3BAF4597C8899 at MW2PR12MB2379.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Parents own Parcel #1 and want to gift it to child. Parents are also the sole members of and LLC, which owns Parcel #2, a different parcel of real property. Parents want to gift 100% of their membership interest in the LLC to the child. After all is said and done, child wants the LLC to own both Parcel #1 and Parcel #2.
I know that if parents transfer Parcel #1 into the LLC, that transaction is exempt from excise tax under WAC 458-61A-211. If parents then gift the LLC to their child, can that transfer be exempt from excise tax as a gift? How would that gift be documented?
Thanks in advance.
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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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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Message: 7
Date: Wed, 13 Jul 2022 22:44:42 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them
Message-ID:
<MW2PR12MB2379F39730786F8B692D6468C8899 at MW2PR12MB2379.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
I've seen that, too. Although I haven't used it, I think that it might be a good idea so the Grantees know what they're getting themselves into, especially if one of the Grantees, for example, has a judgment against them individually.
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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeanne Dawes
Sent: 07/13/2022 3:33 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them
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<mailto:jjdawes at goregrewe.com>
[cid:image001.png at 01D896CF.76985100][cid:image002.png at 01D896CF.76985100]
INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL.
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
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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.
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>
www.bellanddavispllc.com<http://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<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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.
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
Fax: (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>
THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
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/>
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<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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------------------------------
Message: 8
Date: Thu, 14 Jul 2022 00:29:33 +0000
From: Nick Pleasants <npleasants at ohswlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Gifting Exemptions
Message-ID:
<PH0PR18MB4889810592330BA01423382FC1889 at PH0PR18MB4889.namprd18.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Mark,
That gift of the LLC to child should be ok, but you would need to file a change of controlling interest report https://dor.wa.gov/sites/default/files/2022-02/84-0001b.pdf and a Supplemental Statement http://dor.wa.gov/Docs/forms/RealEstExcsTx/RealEstExTxSpplmtlStmt_E.pdf
Review the Supplemental Statement to make sure there is no mortgage on either property. If there is a mortgage, then this gets a lot more complicated.
Also we would issue a letter advising them the gift needs to be reported to the IRS on a Form 709, and they should engage a qualified CPA to prepare and file that.
Best,
Nick
Nicholas Pleasants | Shareholder
[OseranHahnAttyatLaw 8]
11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>
CONFIDENTIALITY NOTE: This e-mail message contains information belonging to the law firm of Oseran Hahn, P.S., which may be privileged, confidential and/or protected from disclosure. The information is intended only for the use of the individual or entity named above. If you think that you have received this message in error, please e-mail the sender. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, July 13, 2022 3:42 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Gifting Exemptions
Parents own Parcel #1 and want to gift it to child. Parents are also the sole members of and LLC, which owns Parcel #2, a different parcel of real property. Parents want to gift 100% of their membership interest in the LLC to the child. After all is said and done, child wants the LLC to own both Parcel #1 and Parcel #2.
I know that if parents transfer Parcel #1 into the LLC, that transaction is exempt from excise tax under WAC 458-61A-211. If parents then gift the LLC to their child, can that transfer be exempt from excise tax as a gift? How would that gift be documented?
Thanks in advance.
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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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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Message: 9
Date: Wed, 13 Jul 2022 17:38:21 -0700
From: "John J. Sullivan" <sullaw at comcast.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Execution and Recording
Message-ID: <4E55B54A-7789-45A1-91F9-2A849E34DFDA at comcast.net>
Content-Type: text/plain; charset="utf-8"
Dwight:
Excellent observation. Thank you.
In my case it will be even more complex. The property is left as a specific devise to someone other than the husband (will predates them marriage) and the spousal support claim will be asserted.
John J. Sullivan
Sent from my iPhone
> On Jul 13, 2022, at 8:54 AM, Dwight Bickel <dwight at dwightbickel.com> wrote:
>
> ?
> John is correct that a deed can be delivered prior to the death of the decedent, and can be recorded after death. However, that deed may not be insurable without more evidence of delivery and competency. The primary question is how important that deed is compared to the distribution intended by the Grantor in a Will or by intestate succession. If there was an alternate intended beneficiary of the decedent?s estate plan, who is the person expected to contest the delivery of the deed prior to the death, then you might even need a probate legal action and TEDRA agreement confirming the property was conveyed prior to the death binding upon all others.
>
> The title companies are taught that the failure to record the deed removes the presumption of delivery. So I recommend the grantee should prepare an Affidavit Confirming Delivery to be recorded with the prior deed. The affidavit might best be from someone other than the grantee, reciting as much factual knowledge to prove the GRANTOR intended that deed to be effective and delivered to the Grantee prior to the death of the Grantor. I also recommend gathering proof of the competency of the Grantor at the time of signing the deed. Depending on the cause of death, title companies are quick to question the competency if the illness is often accompanied by drugs that affect competency. For example, a deed signed while in hospice care is often signed while the decedent was taking heavy doses of pain medication. An attending physician is usually the best person to state competency related to illness and medications being taken by the patient. However, competency for a deed is not !
that difficult to establish and sometimes healthcare professionals are reluctant to opine about competency, which really is not their training or specialty.
>
> Dwight A. Bickel
> Real Property Title Advisor
> Washington Title Professional
> Dwight at DwightBickel.com
> https:/dwightbickel.com
> 206-484-1976
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan, Esq.
> Sent: Tuesday, July 12, 2022 10:53 PM
> To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Deed Execution and Recording
>
> I just started on a project involving an unrecorded deed executed and notarized the beginning of the year whereby the now-deceased spouse converted the house from SP to CP. Grantor died very recently. We will record the deed. The conveyance is accomplished by execution and delivery to the Grantee. Recording only gives notice to the world ? with one exception of a sort. Before I saw it the potential client described the deed as a TOD deed. It?s not, which is a good thing because a TOD deed is the exception ? it must be recorded before the Grantor dies.
>
> John J. Sullivan
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
> Sent: Tuesday, July 12, 2022 10:35 AM
> To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Deed Execution and Recording
>
> In that case, I would agree with Doug and Eric that recording after death would not change its validity.
>
> 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: Tuesday, July 12, 2022 10:30 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Deed Execution and Recording
>
> The purpose of the deed was to convert a tenancy in common to a joint tenancy with right of survivorship. Grantors and Grantees are the same ? they just changed the way in which they held title.
>
> Grantor was in the last stages of battling cancer. No known issues of competency or undue influence. No known disgruntled heirs.
>
> 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.
>
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
> Sent: 07/12/2022 9:41 AM
> To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Deed Execution and Recording
>
> Mark,
>
> We need more information on the situation at time of signing; and what was the purpose of the deed? What was the Grantor?s condition when signing. Are their disgruntled heirs involved? Are there issues of undue influence or the competency of the Grantor?
>
> 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: Tuesday, July 12, 2022 9:30 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Deed Execution and Recording
>
> Dear Listmates:
>
> Scenario ? Grantor executed quitclaim deed Friday evening. Grantor died on Saturday. Quitclaim deed gets recorded on Monday. Does anyone see any issues with validity or enforceability of the quitclaim deed?
>
> 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.
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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------------------------------
Message: 10
Date: Thu, 14 Jul 2022 02:26:57 -0700
From: Sarah McCarthy <sarah at kawlawyers.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them
Message-ID:
<CAFVmgTn_yJqDvVo_uNvstRjU4cstGHDFLO1s09sk-7RQa5uk=A at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
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
This electronic message transmission contains information from the law firm
of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.
This information is intended to be for the use of the individual or entity
named above, If you are not the intended recipient, be aware that any
further review, disclosure, printing, copying, distribution, or use of the
contents of this transmission is prohibited. If you have received this
electronic message transmission in error, please notify us immediately by
reply e-mail and delete the original message. Thank you.
We do not accept service of any kind by e-mail unless expressly authorized
in writing by the attorney of record. This e-mail is NOT a contract and is
not binding upon the author pursuant to CR 2A. This e-mail is, at most, a
negotiation under ER 408.
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
>
>
>
> INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND
> CONFIDENTIAL.
>
>
>
> *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
> 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 <
> 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.
>
>
>
> *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
>
>
>
>
>
> *THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED
> RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE
> NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES*
>
>
>
> *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.
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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------------------------------
Message: 11
Date: Thu, 14 Jul 2022 14:24:59 +0000
From: Jeanne Dawes <jjdawes at goregrewe.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Joint Tenancy, Remainder to the Survivor of them
Message-ID: <252B6BAC-6B90-4AA3-A24C-59F4B2956CB9 at goregrewe.com>
Content-Type: text/plain; charset="utf-8"
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)
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<http://www.kawlawyers.com>
This electronic message transmission contains information from the law firm of Kelly, Arndt & Walker, PLLP which may be confidential or privileged. This information is intended to be for the use of the individual or entity named above, If you are not the intended recipient, be aware that any further review, disclosure, printing, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this electronic message transmission in error, please notify us immediately by reply e-mail and delete the original message. Thank you.
We do not accept service of any kind by e-mail unless expressly authorized in writing by the attorney of record. This e-mail is NOT a contract and is not binding upon the author pursuant to CR 2A. This e-mail is, at most, a negotiation under ER 408.
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.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice: 509-326-7500
Fax: 509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
[image001.png][image002.png]
INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL.
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
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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.
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>
www.bellanddavispllc.com<http://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<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://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.
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
Fax: (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>
THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
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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