Estate of Phillips v. Nyhus
Supreme Court of Washington
874 P.2d 154 (1994)
Relevant factsFree
Phillips and the Nyhuses (plaintiffs) held real property as joint tenants under an explicit quitclaim deed, and after they jointly entered an earnest money agreement to sell the property to a third party, Phillips died before the sale closed; Phillips's estate (defendant) disputed Nyhus's claim to the entire sale proceeds, but the earnest money agreement contained no language explicitly terminating the joint tenancy's right of survivorship, and the trial court granted Nyhus summary judgment for the full proceeds.
IssueFree
Whether mere execution of an earnest money agreement for sale of real property held in joint tenancy severs the joint tenancy.