[WSBAPT] CIR/RDP/CP

[Lisa E Schuchman]

A client lived with her domestic partner starting in the late 1970s.  They bought a house together in the 1990s.  They registered as domestic partners in 2007, and her partner died in 2010.  My client is now trying to refinance the mortgage on the house.  As the request of BECU, I drafted a non-probate affidavit for her.  This is their reply:

"Per underwriting, in the state of WA, community property laws extend to domestic partners and would allow us to use the lack of probate affidavit, under those community property protections.  HOWEVER, the assumption of community property only exists if the borrowers were married or domestic partners when they took title to the property - which they did not in this instance.  So the property is not assumed to be community and we cannot rely on the affidavit. Therefore we will need probate of the decedents interest."

All of the deceased partner's assets have long been distributed and her bills have long been paid and a probate seems like a waste.

I can cite the the quasi-marriage/CIR law to them and see if they are persuaded.  Does anyone have any other ideas?

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

There are no passengers on spaceship earth. We are all crew. - Marshall McLuhan

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
P  Please consider the trees before printing this document

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170512/33db9328/attachment.html>