[WSBARP] Joint tenants with Right of Survivorship

[Nestor Gorfinkel]

Last deed severed the Right of survivorship.

Cordially,

Nestor Gorfinkel, Attorney at Law
Licensed in Florida & Washington State
Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Margaret Delp
Sent: Friday, November 18, 2022 3:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Joint tenants with Right of Survivorship

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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