[WSBAPT] QUESTION: COMMUNITY PROPERTY AGREEMENT - TRANSFER OF REAL PROPERTY
Lenard Wittlake
lwlaw at my180.net
Fri May 12 15:32:45 PDT 2023
I include an affidavit by surviving spouse to state that the CPA, which is
usually dated years earlier, has never been revoked (not a LOPA).
I agree that the CPA passes title at death. I also agree we should have
community property with right of survivorship.
Our recorder will not accept a redacted death certificate for recording,
since that is altering a government issued document. So I dont record
death certificates.
Lenard L Wittlake, PLLC
Attorney & Counselor at Law
22 East Poplar Street, Suite 202
P.O. Box 1233
Walla Walla, WA 99362
(509) 529-1529 voice
(509) 850-3515 fax
<mailto:Lenard at wittlakelaw.com> Lenard at wittlakelaw.com
The information contained in this email may be privileged, confidential or
otherwise protected from disclosure. If you received this email in error,
please reply to the sender that you have received this information in error
and delete this email.
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Friday, May 12, 2023 9:14 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] QUESTION: COMMUNITY PROPERTY AGREEMENT - TRANSFER OF
REAL PROPERTY
I like to think that the CPA causes the title to pass at death.
We record the CPA and Death Certificate to make the passing of title to be a
matter on the public record.
The Community Property Survivorship Affidavit or LOPA were used by the
Auditor to prove no excise tax is owing and are used by Title Companies to
make the passage of title to be an insurable event.
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com
Beginning July 26, 2021, recording fees for most documents recorded in
Washington will increase by $100
<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Sch
edule-Effective-Jul-25-2021-> . Please be sure to collect recording fees
accordingly. Due to the above increase, our Reconveyance fees will also be
increased by $100.00
WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.
Please call your escrow officer immediately using contact information found
from an independent source, such as the sales contract or internet, to
verify any funding instructions received. We are not responsible for any
wire sent by you to an incorrect bank account.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Fern Herbert
Sent: Thursday, May 11, 2023 6:26 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] QUESTION: COMMUNITY PROPERTY AGREEMENT - TRANSFER OF REAL
PROPERTY
Spouse passed. Couple have a Community Property Agreement. I am about to
record said agreement in King County where they live. Question: Is that
sufficient to transfer title of the family home solely in the name of the
surviving spouse, or do I also need to do a Lack of Probate Affidavit?
Fern Herbert
Managing Attorney
Zenith Law Group, PLLC
Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA 98036
Phone/Fax: (425) 822-6311
Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland,
Lynnwood, Mt. Vernon, Renton, downtown Seattle
*The information is intended only for the use of the individual or entity to
whom it is addressed. If you are not the intended recipient, or the employee
or agent responsible for delivering it to the intended recipient, you are
hereby notified that unauthorized viewing, dissemination, distribution or
copying of this transmission is in violation of the Electronic
Communications Privacy Act of 1986 (18 U.S.*C. § 2700 *et seq.) as well as
Domestic and International Laws and Treaties. If you have received the
communication in error, please immediately notify Zenith Law Group by
telephone call to (206) 686-7373.*
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230512/60fb8ebe/attachment.html>
More information about the WSBAPT
mailing list