[WSBAPT] Community Prop. Agmt with unequal disposition

Sat Aug 2 07:36:17 PDT 2014

Harry Cross’s UW Law Review article is still the best at explaining the
origins of the agreement and the prongs.

Wendy S. Goffe, Partner

STOEL RIVES LLP  Direct:  (206) 386-7565

wsgoffe at stoel.com | www.stoel.com <http://www.stoel.com/> 

Click here <http://www.stoel.com/showbio.aspx?Show=9346>  to view my
online bio

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Sam Furgason
Sent: Friday, August 01, 2014 2:13 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Community Prop. Agmt with unequal disposition

There is no such thing as a “statutory” CPA. The statute, cited in Doug’s
question, simply refers to the status or disposition on death of either.
The rest of the so-called “three-prong” CPA is a creation which has until
the past half century been standardized through custom and usage, and was
based on common law principles of gifting, love and affection, and the
ability to dispose of one’s property as one sees fit, by contract entered
into before death without the formalities of a will. The conversion was
never part of the statute, by was included later, and modified in many
ways, one of which was to defer conversion of separate property to
community property until later. Pursuant to the statute, a married – or
domestic partner – couple can dispose of the community property by
agreement any way they please upon the death of either of them. A problem
may arise if they agree to give all the community property away upon the
first death, leaving the survivor impecunious by virtue of not having any
separate property. Another problem may arise if a judge is not educated
about the actual language of the statute and presumes that all property
was converted to community, and that it all goes to the surviving spouse.
A third problem can arise from complexity, because the agreement can
become useless for the transfer of title to real property, which would not
be a problem here because probate is contemplated in the agreement. 

S

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Ralph Maimon
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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