[WSBAPT] Community Property Question

Roger Hawkes Roger at law-hawks.com
Thu Feb 20 17:29:29 PST 2014


Speaking as in séance speak?? I haven’t had one of those yetJ  look
forward to itJJJ

 

Sam is correct; death first, then quasi analysis.  On these facts I don’t
think it applies.  If someone wants it not to be community property,
Borghi applies, methinks.

 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Sam Furgason
Sent: Thursday, February 20, 2014 3:37 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Community Property Question

 

 

I believe somebody has to be dead before the quasi-community property
rules come into play (check out 26.16.220 et. seq.), so if they are both
still living there is not yet any quasi. 

That gets you into presumptions (property held as husband and wife is
(rebuttably) presumed to be community, which gets into intent. They might
want to clear that up, because there is no mention of quasi in IRC Sec.
1014, which adjusts basis of both halves of community property on death of
one spouse. That is, of course, if they’re still speaking. 

S

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Jacob Menashe
Sent: Thursday, February 20, 2014 2:54 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Community Property Question

 

I have a community property versus quasi-community property question.
Husband and wife move to Washington after retirement. They take funds
earned in a non-community property state and purchase a house as “John and
Sally, husband and wife.” Is the house community property or
quasi-community property? 

 

Thanks,

 

Jacob

 

_______________________

Jacob H. Menashe

Hickman Menashe, PS

4211 Alderwood Mall Blvd., Suite 202

Lynnwood, WA 98036

(425) 744-5658 phone

(425) 744-6078 fax

www.hickmanmenashe.com

 

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