[WSBAPT] QUESTION: COMMUNITY PROPERTY AGREEMENT - TRANSFER OF REAL PROPERTY
John J. Sullivan, Esq.
sullaw at comcast.net
Fri May 12 22:01:40 PDT 2023
The purpose of the Affidavit is to provide evidence that the conditions
precedent to the CPA becoming effective have been met.
John J. Sullivan
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of John McCrady
Sent: Friday, May 12, 2023 9:14 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
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 <mailto: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
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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 Fern Herbert
Sent: Thursday, May 11, 2023 6:26 PM
To: wsbapt at lists.wsbarppt.com <mailto: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
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