[WSBARP] Creating Joint Tenancy w H&W

Timothy Lehr timothy at stileslaw.com
Mon Feb 6 09:56:21 PST 2023


All,

PC owns a parcel of real property in fee simple. He would like to convey 50% interest in it to his son and son's wife and keep 50% percent interest for himself. His intent would be to have son and wife own 50% and PC own 50% as JTWROS. If son or son's wife passed away, he would like their shared 50% to go to the survivor of them. And if PC passes away, son and wife own 100% as community property. I'm trying to determine what language I would need to use to reach that intent.

"50% interest to Son and Wife, as their community property,  and 50% interest to PC, as his separate property, as joint tenants with right of survivorship" ?

Maybe it's Monday morning, but I'm not sure how the community property of son of wife would effect the JTWROS? Any thoughts?

Thanks,

Timothy C. Lehr
Attorney & Partner

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