[WSBAPT] community property agreements

[Nicholas Pleasants]

Never had a problem recording CPA’s in King County, no REETA required. And I don’t think it should matter what county you record it in, as long as it becomes a public record. And King County is on Simplifile. So perhaps a practical solution is to record all CPA’s in King County :)
Have a nice weekend all!
Best,
Nick

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Joshua McKarcher <josh at mckarcherlaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Friday, July 16, 2021 at 4:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] community property agreements

Yikes! No problems I’m aware of in the southeast corner of the State here.

Unless the law changed, it sounds like you have some educating to do. Or, if that falls flat, I’d next be inclined to let the county prosecutor’s office know (gently, at first) that its clients (assessor and auditor, I presume) are making up rules and disregarding law that could have material impact on county citizens and expose the county to legal liability. Perhaps an “opinion” from their prosecutor’s office confirming that state of the relevant laws would help?

Or maybe I’m naïve and you’ll have more of a battle on your hands.

Another approach is to get your friends at the local title company on board. If they confirm that title insurers are not suddenly requesting deeds like you describe, maybe their friends in the assessor’s and auditor’s offices will find their way to play ball.

Good luck!

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 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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