[WSBAPT] Washington death, Oregon condo

[Mike Zeno]

Thanks, Cy.  Exactly what I needed to know.
That's a low estate tax threshold!  I thought Washington's was low at $2.193M.

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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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of cyfield at rockisland.com
Sent: Thursday, March 10, 2022 12:17 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Washington death, Oregon condo

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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

Confidential/Privileged Communication: This email and any attachments are confidential, privileged and intended only for the intended recipient(s).  Unauthorized disclosure, copying, distribution or use of this email is prohibited.  If you received this email in error, please notify me immediately so we can arrange for the message and documents to be returned and deleted. Thank you.
IRS Circular 230 Disclaimer: Any tax advice provided in this communication (including attachments) is not intended or written to be used, and it cannot be used, by the recipient or any other taxpayer (i) for the purpose of avoiding penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction.  You should seek advice based on your particular circumstances from an independent tax advisor.

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