[WSBAPT] Idaho community property

[Rebecca King]

I own property in Idaho.  It is titled with my husband as “community property with right of survivorship” so no need for CPA.

Here is the Idaho Statute:
TITLE 15
UNIFORM PROBATE CODE
CHAPTER 6
NONPROBATE TRANSFERS
PART 4.
COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP
15-6-401.  COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN REAL PROPERTY. Any estate in real property held by a husband and wife as community property with right of survivorship shall, upon the death of one (1) spouse, transfer and belong to the surviving spouse. An estate in community property with right of survivorship is created by a grant, transfer or devise to a husband and wife, when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship. An estate in community property with right of survivorship may also be created by grant or transfer from a husband and wife, when holding title as community property or otherwise, to themselves or from either husband or wife to both husband and wife when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship.


Warmest regards,
Rebecca King
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544

Providing Services in Elder Law

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Chris Moore
Sent: Friday, November 6, 2020 9:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Idaho community property

For the community property agreement to be effective in Idaho, it must describe any real property to be included with particularity and be recorded in the county where the real property is located prior to death.
Sincerely,

Chris J. Moore
Christopher J. Moore, JD, CPA - Inactive, AEP®, EPLS*
Creason, Moore, Dokken & Geidl, PLLC
Lawyers
1219 Idaho Street,<https://www.google.com/maps/place/1219+Idaho+St,+Lewiston,+ID+83501/@46.4170263,-117.0192992,17z/data=!3m1!4b1!4m5!3m4!1s0x54a0354b7ccf3e63:0xfee7451c99c186e8!8m2!3d46.4170263!4d-117.0171105>
Lewiston, Idaho 83501<https://www.google.com/maps/place/1219+Idaho+St,+Lewiston,+ID+83501/@46.4170263,-117.0192992,17z/data=!3m1!4b1!4m5!3m4!1s0x54a0354b7ccf3e63:0xfee7451c99c186e8!8m2!3d46.4170263!4d-117.0171105>
Phone: 208-743-1516; Fax: 208-746-2231
Website: www.cmd-law.com<http://www.cmd-law.com/>

*Certified as an Estate Planning Law Specialist by the Estate Law Specialist Board, Inc., the only estate planning certification entity approved by the ABA and the Idaho State Bar Association.
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On Fri, Nov 6, 2020 at 9:28 AM Marcus Fry <mfry at lyon-law.com<mailto:mfry at lyon-law.com>> wrote:
Clients are purchasing property in Idaho.  They have a Washington 3-prong community property agreement.  Any reason the CPA won’t be honored by Idaho title companies?  Also, does the CPA have to be recorded prior to death in Idaho for it to be effective in Idaho?

Thank you,

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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