[WSBAPT] Registered Domestic Partnership - Use of Community Property Agreement

[Nick Pleasants]

And also look at the RDP statute, Ch 26.60 RCW
Domestic partners can have community property. RCW 26.60.080.
In general, domestic partners are treated the same as married spouses. RCW 26.60.015.

Practical concern: would a title company insure on it? This might be a situation where they do Wills and plan to probate when first spouse dies if they want the step up in basis.

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Karen E. Boxx
Sent: Thursday, November 10, 2022 4:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Registered Domestic Partnership - Use of Community Property Agreement

https://app.leg.wa.gov/RCW/default.aspx?cite=26.16.120
The statute specifically refers to RDPs as well as married couples.
Sent from my iPad


On Nov 10, 2022, at 4:06 PM, Roger Hawkes <roger at skyvalleylawyers.com<mailto:roger at skyvalleylawyers.com>> wrote:

I don’t think so; cpa requires a marriage.  Binding post nuptial agreement modified to be post dom pship agreement should work.

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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Thursday, November 10, 2022 3:44 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Registered Domestic Partnership - Use of Community Property Agreement

Listmates:

Have not run into this before.  Couple got back together after been married (for along time) then divorced.  Rather than remarry, they became a registered domestic partnership.  Can I use a Community Property Agreement to avoid probate on the first to pass, or, at least as to real estate, convert their ownership into a JTWROS?

Jeff Davis.

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
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Phone: (360) 683.1129
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