[WSBAPT] CPA Recorded with County but No Property Referenced

[Joshua McKarcher]

Ask the title company if a close family member or PR of the now-deceased spouse’s estate can sign the (apparently never filed) affidavit in support of CP agreement. This is the affidavit that should be recorded later, separately from the CP agreement, after Spouse 1 dies and Spouse 2 has survived and needs to vest title in Spouse 2 alone.

The affidavit references the CP agreement by instrument number (because previously recorded if this is done according to Hoyle); describes the real property subject to the CP agreement in that county; and is recorded by the auditor after submission of a REETA (citing the relevant exemption), death certificate and $10 check to the treasurer. (In my world, the REETA is not recorded. From this listserv it seems some counties record it all. Whatever works, I guess.)

Hope that helps. If you need models and REETA/WAC cites, Mary and I share nicely. 😉

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, December 21, 2021 2:15 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] CPA Recorded with County but No Property Referenced

Greetings List -

I have general CPA written in 2000 - what's mine is theirs language. Spouse 1 dies in 2017. The CPA is recorded with King County but it is not filed with any reference to the primary real estate.

I'm now at the place where Spouse 2 has died. When running and property/title report it still shows both spouses listed as the owners.

As has been written numerous times - title vests immediately after death. The question is that the Executor is wanting to sell the house and I am unclear as to who should be listed as the seller?

Is this a situation where having the Executor open title before listing and selling would be prudent to make sure that there will be no snags along the way?

Appreciate any advice as this is a first for me.

Thank you!
Brent

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

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e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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