[WSBAPT] Washington death, Oregon condo

[cyfield at rockisland.com]

Hi Mike- The CPA won't be respected in Oregon. If condo was held as "husband
and wife" then you have a "tenancy by the entirety" under ORS 93.180(1)(b).
In that case, then I believe you just have to record a death certificate
there to effectively transfer title to surviving spouse. Otherwise,
ancillary probate will likely be required. As an aside, if her gross estate
is over $1 million, then you probably need to file Oregon estate tax return
too. Good luck, Cy

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone:
360-472-1223 

Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St #214,
Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Mike Zeno
Sent: Thursday, March 10, 2022 10:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Washington death, Oregon condo

 

Dear all-

 

Husband and wife are Washington residents.  Wife dies in Washington.  They
have a Washington "three pronged" Community Property Agreement.  I have
opened probate in Washington with husband as PR (for reasons not relevant to
this inquiry).

 

At time of death, husband and wife are co-owners of condo in Portland.  What
is the best way to transfer title of condo into his name alone?  Deed by
husband-PR?  Is an ancillary probate necessary? (Cringe.)  Just record
community property agreement?  

 

Mike Zeno

 

The Law Office of G. Michael Zeno, Jr., P.S.

T:  (425) 947-8050   F:  (425) 947-8052

135 Lake Street S., Suite 257

Kirkland, WA 98033

 

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