[WSBAPT] Washington death, Oregon condo

Fri Mar 11 10:04:14 PST 2022

Hi Mike- I don't know any agents on Lopez specifically. John Lachey John
Lackey - Real Estate Agent in Friday Harbor, WA - Reviews | Zillow
<https://www.zillow.com/profile/john%20lackey> ) on San Juan has a good
reputation and is listing property on Lopez and I'm sure would be happy to
do a CMA (full disclosure, my wife is now working with him). Hope that helps
and 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 4:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Washington death, Oregon condo

As long as I've got a line to a San Juan County lawyer-I have some clients
who may be looking to do a partition action.  Their immediate need is a CMA
from a competent agent to use as a basis for trying to negotiate a
settlement to avoid the action.  Property is acreage on Lopez.  Do you have
any suggestions?  

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
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
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cyfield at rockisland.com <mailto:cyfield at rockisland.com> 
Sent: Thursday, March 10, 2022 12:17 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto: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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The information contained in this email message, including attachments, may
be privileged, confidential and protected from disclosure. If you are not
the intended recipient, any dissemination, distribution or copying is
strictly prohibited. If you think you have received this email in error,
please email the sender at cyfield at rockisland.com
<mailto:cyfield at rockisland.com>  and destroy or delete the original and any
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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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