[WSBAPT] Copies of Documents

[Rhonda Rudman]

I have attached a copy of the CPA to a generic Lack of Probate 
Affidavit.  In the Lack of Probate Affidavit I state that the original 
of the Community Property Agreement has been lost/misplaced or was 
inadvertently destroyed or the drafting attorney is deceased and his 
files cannot be located or whatever seems to be the situation.  I then 
say that a copy of the CPA is attached hereto as Exhibit A.   The Lack 
of Probate Affidavit is signed by the surviving spouse and notarized the 
same way a CPA or deed is notarized.
In most of my cases these were single long term marriages with kids by 
the same marriage.  Also, all of the liquid assets were JTWROS or had 
beneficiary designations so the house, which is usually community 
property anyway, was the only asset passing under the CPA.
So far I have never had a title company fail to insure based on the Lack 
of Probate Affidavit with a copy of the CPA attached and a separately 
recorded death certificate.

Rhonda Lee Rudman
Attorney at Law
17791 Fjord Drive NE, Suite 134
Poulsbo, Washington  98370
Phone 360-779-6400

On 5/26/2015 4:44 PM, Heather deVrieze wrote:
>
> This has come up on the list recently in terms of admitting copies of 
> Wills to probate, “proving” the copy. That isn’t really what I am 
> asking about here.
>
> I have had at least a few recent cases where the original community 
> property agreement for a married couple has gone missing, sometimes 
> with the original Will, other times, not.
>
> My understanding of RCW 26.16.120 is that execution of these 
> agreements must be done in the same manner required for deeds and any 
> amendment or revocation must be the same.
>
> That said, I have always understood that we can’t record a copy, and 
> wonder what the effect of an unrevoked CPA, of which we only have a 
> copy, may be, and how to prove the vesting of title to property, real 
> and personal, in the surviving spouse.
>
> This may be less of an issue in simple situations of first marriages, 
> children together, who get along, with each other and parent(s), but 
> more complicated in other circumstances. Is probate of the Will, if we 
> have the original, or proving the copy if we don’t the only option, or 
> is there some way to prove the copy of the CPA?
>
> Heather
>
> Heather S. de Vrieze*
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