[WSBARP] Joint tenants with Right of Survivorship

[Paul Drayna]

Seems to me that last deed should sever the JTWROS, but I'd be interested
in hearing from underwriting counsel at a title company or two.

Paul S. Drayna
Attorney at Law
phone:  425-844-2575
site:  www.draynalaw.com
email:  paul at draynalaw.com
<https://www.facebook.com/paul.drayna.jd>
<https://www.linkedin.com/in/paulstephendrayna/>
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On Fri, Nov 18, 2022 at 12:04 PM Margaret Delp <delp at whidbey.net> wrote:

> Hello Everyone: I have a question about whether a couple continues to hold
> property  as Joint Tenants with Right of Survivorship under the following
> scenario:
>
> First, the unmarried couple purchases real property and take title as John
> Doe, an unmarried person, and Mary Smith, an unmarried person as tenants in
> common.
>
>
>
> Then, they later sign a quit claim deed (QCD) in which they grant “…in
> consideration for creating a joint tenancy with right of survivorship,
> conveys and quit claims to John Doe and Mary Smith as Joint Tenants with
> Right of Survivorship ( JTROS) not as tenants as common the following
> described real property…”.
>
>
>
> Then, John Doe signs a quit claim deed which states “John Smith, as his
> separate property (50%) for and in consideration of  a transfer into a
> revocable living trust established by grantor, does hereby convey and quit
> claim to trustee of the John Doe Revocable Living Trust dated … all of John
> Does interest (50%) in the following described real property including any
> after acquired interest…”
>
>
>
> Does this last QCD revoke the JTROS such that Mr. Doe’s share of the
> property would be distributed according to the terms of his Trust when he
> passes away? Or does the Trustee hold title as JTROS with Ms. Smith so that
> if Mr. Doe dies first, his share passes to Ms. Smith, but if she dies
> first, her share goes to the trust?
>
>
>
> Thanks much!
>
> Margaret
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