[WSBAPT] Rescission of community property agreement

[Thomas M. Culbertson]

A word of caution . . . . too often I have seen three prong CPAs
purportedly rescinded in their entirety when the intention is to only
cancel the transfer on death prong.  If the rescission document simply
says the CPA is rescinded, what does that mean as to the status of the
property?  Does its status revert to what it was just before the CPA was
signed? Do we just assume the couple only intended to rescind the
survivorship provision?  Unless the clients just love to see lawyers paid
unnecessarily down the road, always be sure the rescission document says
something explicit about what the parties intend concerning the character
of the property.

 

  


THOMAS M. CULBERTSON  I  Lukins & Annis, PS

717 W. Sprague Ave, Suite 1600, Spokane, WA 99201

(509) 455-9555  I  fax (509) 363-2500  I   <mailto:tculbertson at lukins.com>
tculbertson at lukins.com 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Dan Clawson
Sent: Monday, June 16, 2014 11:54 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Rescission of community property agreement

 

I need to rescind a Washington 3-prong community property agreement which
is causing unintended consequences.  If anyone has a rescission agreement
they would be willing to share it would be much appreciated.

Thanks,

Dan Clawson

 

Clawson Law Office, PS
108 Logan Ave. South, Suite A
Renton, WA 98057-2019
(425) 277-1299
(425) 274-7337 (Fax)

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