[WSBAPT] Recording Community Property Agreement

[Mike Winslow]

Typically, I will record a Lack of Probate Affidavit (which has the
Auditor's coversheet built in) and attach the CPA and cert. copy of Death
Cert as exhibits. 
This addresses both the change of owner's name with the Treasurer and
addresses matters that title companies will raise at the time sale of
property takes place, often years later. Killing multiple birds with one
stone (document).
 
Redact the SSN on the Death Cert if your County will allow it (for privacy).
Some Auditors get snippy about redacted Death Certs. Beware.
Sample attached. 
 
In some cases, especially if no CPA, but title was taken as Husband and Wife
(or various iterations thereof), then I also will record the LWT if
available.
So the sample form is a bit of a Swiss Army knife document.
 
I list the title of the document as simply a Lack of Probate Affidavit and
remove from the heading the reference to the Community Property Agreement,
because some counties will ding you a double recording fee if you mention
additional documents in the title. 
The title companies appreciate use of the LOPA.
 
More Dirt than Dead,
Mike
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Tuesday, October 13, 2020 11:35 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Recording Community Property Agreement
 
Dear listmates,
 
For the first time, I have an estate which will be handled with a community
property agreement. Do I simply record a copy of the CPA and a certified
copy of the death certificate? There are two pieces of real property in the
estate. Do the recording numbers of the properties need to be referenced on
the cover sheet? One is being sold and the other retained. Thanks in
advance.
 
Lovie
 
Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616
 
lovie at fb-lawfirm.com <mailto:joni at sbfirm.com> 
http://fb-lawfirm.com <http://sbfirm.com/> 
 
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