[WSBARP] JTWROS - Community Property question

Kira Rubel kira at theharborlawgroup.com
Thu May 4 14:01:57 PDT 2023


Hey team - I don't know about the rest of you but I'm so tired of telling
my surviving spouses that they have to do a lack of probate affidavit or,
worse yet, a probate for the home they owned as community property!

Assuming there is no living trust or community property agreement, am I
correct that RCW 64.28.040 is the third workaround, in that it allows a
married couple to hold title to real property as JTWROS and still get the
full step-up in tax basis on the first death? If so, why don't I see more
deeds held this way?  Is anyone else doing this?

*Kira M. Rubel, Esq.*

**Licensed in CA and WA*



8811 N. Harborview Dr. Ste. B
Gig Harbor, WA 98332-2174
Tel.  (253) 358-2215

*https://theharborlawgroup.com/ <https://theharborlawgroup.com/>*

The information transmitted (including any attachments) is intended only
for the person to whom it is addressed and may contain confidential and/or
privileged material that may be protected by law from disclosure.  If you
receive this transmission in error, please notify the sender by reply
e-mail and delete the message and any attachments from your computer.  Any
review, retransmission, dissemination, copying, or other use of, or taking
of any action in reliance upon, this information by persons or entities
other than the intended recipient is prohibited.

No Tax Advice: No matter what I say in this email, I am an attorney, not a
tax advisor and cannot provide any tax advice to you! Please refer all tax
matters to your own tax advisor to ensure you are receiving the most
up-to-date and relevant tax advice.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230504/b98dd5d5/attachment.html>


More information about the WSBARP mailing list