[WSBAPT] Community Prop. Agmt with unequal disposition

Fri Aug 1 13:51:52 PDT 2014

It is contained within most “standard” cpas I have seen; but the statute
certainly doesn’t say that.  I think lawyers generally try to accomplish
too much with cpas.

RCW 26.16.120

Agreements as to status.

Nothing contained in any of the provisions of *this chapter or in any law
of this state, shall prevent both spouses or both domestic partners from
jointly entering into any agreement concerning the status or disposition
of the whole or any portion of the community property, then owned by them
or afterwards to be acquired, to take effect upon the death of either. But
such agreement may be made at any time by both spouses or both domestic
partners by the execution of an instrument in writing under their hands
and seals, and to be witnessed, acknowledged and certified in the same
manner as deeds to real estate are required to be, under the laws of the
state, and the same may at any time thereafter be altered or amended in
the same manner. Such agreement shall not derogate from the right of
creditors; nor be construed to curtail the powers of the superior court to
set aside or cancel such agreement for fraud or under some other
recognized head of equity jurisdiction, at the suit of either party; nor
prevent the application of laws governing the community property and
inheritance rights of slayers or abusers under chapter
<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.84> 11.84 RCW.

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

 <http://www.hawkeslawfirm.com> www.hawkeslawfirm.com

206 367 5000

Fax is 206 367 4005

From: Ralph Maimon [mailto:rmaimon at maimonlaw.com] 
Sent: Friday, August 01, 2014 1:21 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Community Prop. Agmt with unequal disposition

If I am not mistaken, the statutory CPA states that all current property
is currently transformed to CP.  

 I would ask, is that the only way to do one?  This is an interesting
estate planning question and I look forward to the responses. 

Ralph Maimon 
Law Office of Ralph Maimon, P.S. 

2811 E. Madison Street

Suite 202

Seattle, WA  98112

Tel: (206) 323-0911
Fax: (206) 462-1505  

rmaimon at maimonlaw.com

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Doug Schafer
Sent: Friday, August 01, 2014 1:18 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Community Prop. Agmt with unequal disposition

Feedback sought:

Proposed customized Community Property Agreement would recite:
1.  agreement takes effect upon death of first spouse, if neither has
commenced dissolution before that.
2.  all property of either spouse or both spouses is converted (at the
first death) to community property.
3.  at the first death, 55% of the CP will vest in H if he survives, or be
disposed of by his will if he dies first.
4.  at the first death, 45% of the CP will vest in W if she survives, or
be disposed of by her will if she dies first.

Does anyone doubt that (3) and (4) would be upheld?  It's common for
judges in disso proceeding to divide CP unequally, so it ought to be
permissible for spouses to do so by contract. (RCW 26.16.120 "...
concerning the status or disposition of the whole or any portion of the
community property ...")

The couple (2nd marriage) wishes to keep affairs simple and to comingle
H's recent inheritance with their pre-existing comingled assets.  But H
wishes to control disposition of the greater-than-50% percentage of the
whole because of his inheritance.

Doug Schafer

=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D

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