[WSBAPT] Community Property Agreement Drafting and Revocation

[Marcus Fry]

I have seen this done only once by an attorney and was told it was done because the estate was potentially taxable so the surviving spouse could decide which documents to use on the first to die.  This shocked me because there is no other agreement outlining the effectiveness/non-effectiveness of the 2 documents.  IMHO, this is recipe for a disaster having a CPA and a revocation and raises all kinds of questions of fraud, extrinsic evidence issues, etc.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, April 16, 2024 1:39 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Community Property Agreement Drafting and Revocation

* NOTICE: EXTERNAL EMAIL *
________________________________
List Members -

I am reviewing a new clients prior documents. In them is a community property agreement that was signed and notarized on a specific date.  On that SAME DATE the clients signed the revocation of the community property agreement.

I have not seen this before and it is not something that I have done. Is this common practice today? (Note - these documents were created when people were preparing to stockpile for Y2K).

Appreciate any insights. I have always been guided by 26.16.120 for the creation and modification but never did them simultaneously.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240416/ffb98791/attachment.html>