[WSBAPT] community property agreements

[Sara LC Hulford]

Robert:

You are not alone… we are equally frustrated with the inconsistencies between county recording requirements. A couple months ago, the treasurer/auditor clerks became rather hostile with us when we indicated other counties correctly allowed us to record a REETA with Aff ISO CPA and death certificate. They eventually allowed the transfer to surviving spouse using the affidavit so long as we did NOT use a REETA.

I haven’t had them refuse a subsequent deed yet… It might be worth calling the DOR office directly that deals with REETAs, they are quite knowledgeable and may intervene on your behalf.  DOR: 360-534-1503            Good luck!

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Sara LC Hulford
Attorney at Law

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Robert R. Cole
Sent: Friday, July 16, 2021 2:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] community property agreements


We are having frustrating problems in the recording of Community Property Agreements (along with the death certificate and an Affidavit) to transfer property to the surviving spouse.  Counties are refusing to record them, saying that they need a deed from the surviving spouse to the surviving spouse.  Even including a REETA doesn't work.   And Island County Treasurer is now saying that the CPA  doesn't pass title, and they won't record a deed from the (now deceased) surviving spouse's estate because the property is still titled in the deceased spouse's name, even tho the CPA etc was recorded over a decade ago.  Are CPAs now basically worthless?
--


Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

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