[WSBARP] JTWROS Question

[Kevin Bukoskey]

Hi Listmates,

I have a potential client who owns real property with his wife, father-in-law, and mother-in-law. Title is held by the four of them, and the deed does not specify “Joint Tenancy,” so ownership is presumably as Tenants in Common. His mother-in-law recently passed away with no probate.

The parties are looking to:

1.    Remove the mother-in-law from title; I believe this can be accomplished via recording a lack of probate affidavit and a death cert., but correct me if I’m wrong here.

2.    Convert title for the remaining owners—the client, his wife, and the father-in-law—to Joint Tenants with Right of Survivorship via a QCD pursuant to RCW 64.28.010<http://app.leg.wa.gov/RCW/default.aspx?cite=64.28.010>. I’ve never done this before, but it seems that the RCW provides for TIC to become JTWROS through a deed. But if so, will this be an issue with the decedent currently on title?

Thanks.

Kevin A. Bukoskey, Esq., JD, MBA

Attorney

GOURLEY LAW GROUP

THE EXCHANGE CONNECTION

SNOHOMISH ESCROW

P.O. Box 1091

Snohomish, WA 98291

PH:  (360) 568-5065 (800) 291-8401

Fax: (360) 568-8092



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