[WSBAPT] One-sided Community Property Agreement?

[Eric Nelsen]

I think it could be drafted as a technical matter, but the ramifications probably get too complicated to get a useful or predictable result in almost any fact scenario for a couple. It would probably end up being more work to draft the couple's other EP documents to accommodate the unusual CPA.

The CPA could just say (off the top of my head, never having done this), "all property presently owned, and all property after-acquired, shall remain as separate or community property as may be ordinarily determined under Washington law; provided, if Husband dies with Wife surviving, all property shall become community property upon his death and shall pass to the surviving Wife; but further provided, if Wife dies, this instrument shall have no effect on characterization of property as community and separate and no disposition of property to the Husband shall occur under this instrument."

All of that seems do-able in accordance with RCW 26.16.120<https://app.leg.wa.gov/RCW/default.aspx?cite=26.16.120>. In some ways, it more strictly complies with the literal authorization of the statute compared to the typical three-prong CPA that purports to convert all presently-owned property into cp, and all after-acquired property into cp, before the death of a spouse.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Gerald Sprute
Sent: Monday, May 20, 2019 9:49 PM
To: RPPT listserv
Subject: [WSBAPT] One-sided Community Property Agreement?


HI All,



Husband's Will leaves everything to Wife,

Wife's will leaves a $ amount to kids with the remainder to Husband. (Second marriage, she has one child from previous marriage)

Both have the kids as contingent beneficiaries (when both are deceased)



Has anyone drafted a CPA that can only be used only if Husband passes first?

YES, we've discussed POD / TOD on financial accounts to take care of $ bequest; just wondering if there's a practical approach to a CPA in this situation



Thanks for your input!

Jerry Sprute


Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
www.sprutelaw.com <http://www.sprutelaw.com>








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