[WSBAPT] Deed Question

[Heather deVrieze]

I generally record the CPA with a coversheet referencing the property (complete legal, address, tax parcel # and deceased spouse as grantor, surviving spouse as grantee. I then record "Community Property Affidavit" with a death certificate (redacted) attached. This affidavit will explain what happened and why the property now belongs to surviving spouse.

Then, a TOD deed should work.

Heather


Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Nugent
Sent: Wednesday, May 25, 2016 11:43 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Deed Question

Good morning,

I was preparing a TOD Deed for Wife and discovered that the property was still in Husband and Wife's name.  Husband passed away several years ago.  The two has a Community Property (CP) agreement but nothing was done with it at the time of Husband's death and his estate was never probated.

Procedurally, do I need to prepare a CP deed, get it recorded and then after that complete a TOD deed and have it recorded?

Also, does anyone have an example of a CP Deed they would be willing to share?

Thanks,

[Jennifer Nugent]

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