[WSBAPT] Community Prop. Agmt with unequal disposition

[Ralph Maimon]

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 maimonl <mailto:rmaimon at maimonlaw.com> aw.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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