[WSBAPT] Is this CPA worded so as to pass title to real property?

[Genissa Richardson]

Listmates,

I'm reviewing a CPA that says "Husband shall provide in his Will that his
one half of the [Name of Property] shall pass to Wife if she survives him
by 180 days."

One of the Exhibits states "The following is considered community
property..." then lists the parcel in question, and goes on to say "Both
Husband and Wife...desire to treat the whole of such property as community
property."

The CPA otherwise clearly enumerates which property remains each spouse's
separate property and which property is considered CP (it wasn't all
converted to CP upon execution of the agreement).

The part I'm hung up on is that Husband never executed a Will, which makes
me question if this is sufficient to pass title to the surviving Wife, or
if we should probate.

I'm leaning towards probate because both spouses have children from prior
marriages, and no children in common. In the event the CPA is deemed
insufficient to convey title, I don't want the Wife's children to have to
clean up a mess years from now if they decide to sell the property.

Thoughts?

*Genissa Richardson, Attorney at Law*
*True North Legal Services, PLLC*
*301 Prospect St., Bellingham, WA 98225*
*PO Box 934, Bellingham, WA 98227 (mailing address)*
*Phone (360) 639-3393*
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