[WSBAPT] LOPA with community property agreement

Joshua McKarcher josh at mckarcherlaw.com
Wed Jun 29 11:39:55 PDT 2022


I cannot answer your question fully, but I can tell you that you can record an original CP agreement after the death of one of the parties. Unlike in Idaho, it does not have to be recorded beforehand. 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
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Suzanne Lieberman <suzanne at cmslawfirm.com>
Sent: Wednesday, June 29, 2022 12:17:32 PM
To: wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] LOPA with community property agreement

Hello,

I am trying to get a copy of the recorded community property agreement to file with a lack of probate affidavit for a client whose dad is the surviving spouse and not on title to their property with his wife (client's stepmom), under RCW 82.45.197(g).

Is there any way to use an unrecorded community property agreement to transfer title for the property to the dad or would they have to open a probate? Or would RCW 82.45.197(f) suffice since we don't have the recorded CPA in (a)?

No debts, no probate ever opened for decedent wife, house is only remaining asset to be transferred. Dad is getting everything under the will.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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